Senate Judiciary Hearing with Former Special Counsel Jack Smith — Responses & Key Exchanges

00:00CHAIR

Chuck Grassley, Chair, Senate Judiciary Committee00:00GOOD MORNING EVERYBODY. MR. SMITH THANK YOU FOR BEING HERE. THIS HEARING WILL HIGHLIGHT THE COMMITTEE'S INVESTIGATION INTO THE SPECIAL COUNCILS POLITICAL WORK AND WEAPONIZED CONDUCT. TODAY, THE SPECIAL COUNSEL COUNSEL'S A WHOLE RECORD AND THOSE OF THE STAFF WILL TELL THE TALE.

Chuck Grassley, Chair, Senate Judiciary Committee00:00THE RANKING MEMBER RISCH REPEATEDLY PUSHED TO HAVE THIS HEARING MUCH EARLIER AND HE WILL PROBABLY MENTION THAT TODAY TODAY, BUT IF WE HAD FOLLOWED THAT MISGUIDED AND DANGEROUS DEMAND, WE WOULDN'T HAVE HAD MOST OF THE NECESSARY RECORDS NEEDED TO SHOW HOW JACK SMITH'S CORRUPT VOTE -- UNDERMINE THE RULE OF LAW AND THREATENED A VERY POLITICAL INSTITUTIONS.

Chuck Grassley, Chair, Senate Judiciary Committee00:45OF COURSE THAT WAS THE STRATEGY OF THE DEMOCRATS. CAWLEY HEARING -- PRINTER HEARING SO ALL WE HAD WERE MR. SMITH'S ACCOUNT ACCOUNT. THAT WOULD BURY THE STORY. THAT'S EXACTLY THE WRONG WAY TO DO THIS AND IT WOULD HAVE BROKEN FAITH WITH THE AMERICAN PEOPLE THAT JACK SMITH HAS WRONGED.

Chuck Grassley, Chair, Senate Judiciary Committee00:45LET US BEGIN WITH OPERATION RAMPART 12. THAT OPERATION WAS A PRELIMINARY INVESTIGATION OPENED INTO SOME OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES. RAMPART 12 APPEARS TO BE A PREDECESSOR CASE TO ARCTIC FROST AND WAS OPENED JANUARY OF 2021.

Chuck Grassley, Chair, Senate Judiciary Committee01:32THE INVESTIGATION WAS BASED ON ALLEGATIONS THAT HOUSE MEMBERS LED RECONNAISSANCE TOURS IN ADVANCE OF JANUARY 6. BUT THE AVAILABLE RECORDS SHOW THE EVIDENCE DID NOT EXIST AND THE GOVERNMENT KNEW IT. EVEN SO SO, PERSONALLY CONCURRED WITH OPENING THE INVESTIGATION EVEN THOUGH HIS TEXT MESSAGES WITH A COLLEAGUE QUESTIONED PREDICATION.

Chuck Grassley, Chair, Senate Judiciary Committee02:18COONEY BECAME -- WANTED TO IN HIS OWN WORDS "PROSECUTE ANY NON-HOST -- NONE WHO STILL WEARS A HABIT." COONEY ALSO ALSO, ALONG WITH ANTI-TRUMP FBI AGENT KEPT RAMP -- RAMPART 12 ACTIVE FOR A FULL YEAR AFTER IT WAS IMPROPERLY OPENED.

Chuck Grassley, Chair, Senate Judiciary Committee03:04RAMPART 12 SHOWS HOW PARTISAN AGENTS AND PROSECUTORS LACK EVIDENCE BUT STILL TRIED TO FIX A CASE AGAINST REPUBLICANS. NOW LET'S LOOK THE WILLARD INQUIRY. ON JANUARY 2022 2022, BEFORE ARCTIC FROST OPENED, TEBO AND FBI SPECIAL AGENT IN CHARGE WAYNE JACOBS TRIED TO CREATE A CASE.

Chuck Grassley, Chair, Senate Judiciary Committee03:04NOTABLY, DOCUMENTS SHOW FBI AGENT JACOBS WAS RECUSED FROM ARCTIC FROST AND THAT MAY RELATE TO THE FACT THAT HIS WIFE WAS ON THE JCCIC'S COMMITTEE STAFF STAFF. MONTHS AFTER RECUSAL, DOCUMENTS SHOW HE WAS STILL INVOLVED WHICH WOULD VIOLATE HIS RECUSAL REQUIREMENTS REQUIREMENTS.

Chuck Grassley, Chair, Senate Judiciary Committee03:49ACCORDING TO TEBO WOULD VIOLATE HIS RECUSAL REQUIREMENTS. ACCORDING TO TEBO, AT THE TIME " SUPERVISORS SPECIAL AGENT RHIANNA SEILER HAS BEEN IN REGULAR CONTACT WITH THOMAS WYNDHAM WITH THE GOAL OF OPENING A CASE TO ALLOW US TO -- ACCOMPLISH MANY OF THE INVESTIGATIVE ACTIVITIES THAT THEY WANTED.

Chuck Grassley, Chair, Senate Judiciary Committee04:36REFERRING TO THE DESIRE TO OPEN A CASE ON REPUBLICANS WHO STAYED AT THE WILLARD AROUND JANUARY 6. WYNDHAM BECAME A SENIOR STAFFER FOR JACK SMITH AND LATER PLAYED THE FIFTH TO MOST QUESTIONS ABOUT HIS WORK.

Chuck Grassley, Chair, Senate Judiciary Committee04:36TEBO SAID THAT THE -- DISCREDITED WASHINGTON FIELD OFFICE OPEN -- "IS HARD AT WORK ATTEMPTING TO PREDICATE A PRELIMINARY INVESTIGATION." YET AGAIN, PARTISAN AGENTS AND PROSECUTORS ADMITTED THEY LACKED EVIDENCE EVIDENCE, BUT THEY CONTINUED ANYWAY.

Chuck Grassley, Chair, Senate Judiciary Committee05:21DOJ PROSECUTOR JOHN CRABB CRABB, WYNDHAM SOUGHT AND OBTAINED INVASIVE HOTEL BOOKING INFORMATION WHICH TOOK UP CUSTOMER DATA ABOUT MANY INNOCENT PARTIES. BUT BEFORE WE HAD JACK SMITH -- THERE WAS ARCTIC FROST. FBI AGENT TEBO TEBO, DEPARTMENT OF JUSTICE PROSECUTOR WYNDHAM AND CRAFT WERE INSTRUMENTAL IN OPENING ARCTIC FROST AND TEBO'S CONDUCT VIOLATED THE FBI'S SO-CALLED NO SELF APPROVAL RULE.

Chuck Grassley, Chair, Senate Judiciary Committee06:08TEBO VIOLATED THAT RULE WHEN HE ADVANCED ARCTIC FROST AND USED SUBORDINATE STAFF AS CUT OUTS TO PROVE HIS OWN CASE. TEBO ALSO VIOLATED THE HATCH ACT FOR HIS ANTI-TRUMP POLITICAL CONDUCT ON THE TAXPAYERS DIME.

Chuck Grassley, Chair, Senate Judiciary Committee06:08TEBO ALSO EMAILED NAKED PHOTOS OF HIS GIRLFRIEND USING AN FBI GOVERNMENT EMAIL ACCOUNT AND THAT'S NOT THE TYPE OF A GUY YOU WANT TO JUSTIFY OPENING A CASE. TEBO ALSO WORKED CLOSELY WITH FBI AGENT GIARDINA.

Chuck Grassley, Chair, Senate Judiciary Committee06:57GIARDINA REPORTEDLY CALLED FISA ON WALDO PEREZ WHICH IF TRUE -- IS A CRIMINAL ACT. GIARDINA WAS ONE OF JACK SMITH'S FINANCIAL EXPERTS ANALYZING SUBPOENA RETURNS FROM HUNDREDS OF REPUBLICAN GROUPS. THE PERFECT MAN TO PUT THE FIX IN AND MAP OUT THE REPUBLICAN APPARATUS, WHICH IS EXACTLY WHAT HE HAD BEEN DOING.

Chuck Grassley, Chair, Senate Judiciary Committee06:57AND AS YOU'LL SEE TODAY TODAY, THE SMITH ELECTION CASE OVERWHELMINGLY WASN'T JUST ABOUT TRUMP, IT WAS ABOUT PARTISAN AGENTS AND PROSECUTORS MAPPING OUT THE REPUBLICAN APPARATUS. LOOKING AT THE APPARATUS WAS WHAT JP KONING BRIEFED TO DEPUTY ATTORNEY GENERAL MONACO MONACO.

Chuck Grassley, Chair, Senate Judiciary Committee07:43HE AND SMITH USED J SIX AS A PRETEXT TO GO WAY BEYOND -- WAY BEYOND J SIX. NOW IT IS OBVIOUS -- TEBO AND HIS CREW WANTED TRUMP FROM THE GET GO WHICH JACK SMITH ULTIMATELY DID FOR THEM.

Chuck Grassley, Chair, Senate Judiciary Committee08:28IN JANUARY OF 20 22, TEBO SAID TRUMP SHOULD BE INCLUDED IN THE SUBJECT -- AS THE SUBJECT. THEN TRUMP WAS REMOVED BUT IN MARCH OF 2020 2 -- TEBO EMAILED " "WE ARE REMOVING THE FORMER -- MEANING TRUMP TRUMP, AS A PREDICATED SUBJECT.

Chuck Grassley, Chair, Senate Judiciary Committee08:28HOWEVER THIS DOCUMENT PROVIDES A SORT OF -- ." SO YOU SEE TEBO SET THE STAGE FOR JACK SMITH TO TAKE THE LEAD AND TEBO UH OPENING USE LIBERAL MEDIA OUTLETS AND SOURCES, BUT THE VERSION SENT TO THEN ATTORNEY GENERAL GARLAND HAD THOSE LIBERAL MENTIONS REMOVED REMOVED.

Chuck Grassley, Chair, Senate Judiciary Committee09:14OF COURSE GARLAND TURNED A BLIND EYE TO ARCTIC FROST POLITICAL ORIGINS ORIGINS, ARCTIC FROST WAS FORMALLY APPROVED APRIL 2022, THUS THE FOUNDATION OF DISH JACK SMITH TOOK OVER IN NOVEMBER OF 2022 WAS BUILT BY PARTISAN AGENTS AND PROSECUTORS, MANY OF WHOM STAFFED SMITH.

Chuck Grassley, Chair, Senate Judiciary Committee10:00AND JACK SMITH TOOK PARTISANSHIP TO A NEW LEVEL LEVEL. BEFORE JACK SMITH OF THE GOVERNMENT SOUGHT TOLL RECORDS FROM AT LEAST FOUR MEMBERS OF CONGRESS. JACK -- SMITH SOUGHT TOLL RECORDS OF 16 MEMBERS OF CONGRESS AND ALSO OBTAINED THE CONTENT OF MEMBERS COMMUNICATIONS REACHING -- BREACHING THE CONSTITUTIONAL SPEECH COMMUNICATIONS REACHING -- BREACHING THE CONSTITUTIONAL SPEECH.

Chuck Grassley, Chair, Senate Judiciary Committee10:00SMITH SUBPOENAS TARGETED HUNDREDS OF REPUBLICAN GROUPS AND INDIVIDUALS. HE SUBPOENAED COMMUNICATIONS THOSE FOLKS HAD WITH MEDIA AND WITH THE LEGISLATIVE BRANCH. HE ALSO SUBPOENAED 87 TRUMP WHITE HOUSE PHONES KNOWING THAT THEY WOULD INCLUDE COMMUNICATIONS WITH MEMBERS OF CONGRESS.

Chuck Grassley, Chair, Senate Judiciary Committee10:4544 MEMBERS TO BE EXACT. HE FAILED TO FILTER OUT SPEECH AND DEBATE PRIVILEGED INFORMATION EVEN THOUGH HE AND HIS TEAMS KNEW THAT THE -- THEY SCOOPED IT UP AT THEIR REQUEST. WHAT I CAN SAY TODAY IS THAT SMITH ALSO OBTAINED COMMUNICATIONS FROM MEMBERS OF THE MEDIA TO INCLUDE 60 MINUTES, ASSOCIATED PRESS PRESS, BLOOMBERG, CBS, CNBC, CNN CNN, FOX NEWS.

Chuck Grassley, Chair, Senate Judiciary Committee11:30L.A. TIMES, MARK LEVIN SHOW. MEDIA RESEARCH CENTER NBC, NPR NPR, NEW YORK MAGAZINE, REUTERS REUTERS, THE FEDERALIST, THE WASHINGTON POST, A, AND THE WALL STREET JOURNAL. NOW WHAT WILL PARTISAN MEDIA SAY ABOUT THIS DISGRACEFUL GOVERNMENT OVERREACH?

Chuck Grassley, Chair, Senate Judiciary Committee11:30I WANT TO HEAR THEIR RESPONSE AND I WILL IF THEY ARE RESPONSIBLE MEDIA. THIS WASN'T A NORMAL PROSECUTION BY ANY MEANS. YET TODAY TODAY, YOU WILL ABSURD LEAVE YEAR FROM DEMOCRATS THAT IT WAS WAS.

Chuck Grassley, Chair, Senate Judiciary Committee12:15IMPORTANTLY MR. SMITH HAS CLAIMED HIS FOCUS WAS ON JANUARY 6 BUT HIS OWN CONTACT -- CONDUCT CONTRADICTS THAT ASSERTION. LISTEN LISTEN. WHEN HIS TEAM SUBPOENAED RECORDS SOMETIMES THE DATA RANGES EXTENDED WEEKS, MONTHS, OR YEARS BEFORE AND AFTER JANUARY 6.

Chuck Grassley, Chair, Senate Judiciary Committee12:15INDEED SOME EXAMPLES MR. SMITH SUBPOENAED AND OBTAINED INFORMATION ON REPUBLICAN GROUPS AS EARLY AS 2019 AND AS LATE AS 2023. YOU SEE SEE. THAT'S WHAT YOU MUST DO IF YOUR CASE IS DESIGNED TO MAP OUT THE ENTIRE REPUBLICAN PARTY.

Chuck Grassley, Chair, Senate Judiciary Committee13:01MESSAGES OBTAINED BETWEEN JACK SMITH SENIOR OFFICIALS ALSO EXPOSED HOW THEY WERE AWARE OF CONSTITUTIONAL SPEECH AND DEBATE CLAUSE CONCERNS AND TARGETED CONGRESSIONAL TOLL RECORDS. IN THESE MESSAGES MESSAGES, HIS FUTURE STAFF DISCUSSED HOW THEY CAN CIRCUMVENT THE STATUTORY BARRIERS CONGRESS PUT IN PLACE TO OBTAIN CONGRESSIONAL TOLL RECORDS RECORDS.

Chuck Grassley, Chair, Senate Judiciary Committee13:47THEN IN 2023, COONEY COONEY, WYNDHAM AND RAY HAUSER WERE GIVEN -- WARNINGS THAT SUBPOENAING CONGRESSIONAL RECORDS COULD VIOLATE THE SPEECH AND DEBATE CLAUSE. THEY WERE WARNED THAT LEGISLATORS MAY INTERVENE AND OPPOSE THAT SUBPOENA PROCESS.

Chuck Grassley, Chair, Senate Judiciary Committee13:47THEY DID NOT CARE THAN -- OR WHEN THEY CAN -- OBTAINED THE MESSAGES FROM 44 MEMBERS INCLUDING THIS SENATOR SENATOR. IN FACT, SMITH'S DEPUTY JP KONING SAID THIS ABOUT THE SPEECH AND DEBATE CLAUSE.

Chuck Grassley, Chair, Senate Judiciary Committee14:33"I'M AN ADVOCATE FOR REPEALING THE CLAUSE." IN EFFECT, HE AND SMITH DID EXACTLY THAT. THEY IGNORED THE CONSTITUTION. THIS WASN'T A NORMAL PROSECUTION. ACCORDINGLY, MR. SMITH'S SECRETIVE EFFORTS OBTAINING MEMBERS TOLL RECORDS AND ULTIMATELY CONTENT.

Chuck Grassley, Chair, Senate Judiciary Committee14:33THEN THEY SOUGHT NONDISCLOSURE ORDERS TO HIDE HIS EFFORT FROM MEMBERS WHILE ALSO APPARENTLY FAILING TO APPRISE THE COURT OF THE TARGETS. JUDGES BOWES BERG AND HOWELL ALSO DIDN'T BOTHER TO RAISE ANY QUESTIONS AND INSTEAD IMPLICITLY RUBBERSTAMP THIS POLITICAL CHARADE.

Chuck Grassley, Chair, Senate Judiciary Committee15:20JUDGE HOW WHO IS A FORMER DEMOCRAT DEPUTY STAFF DIRECTOR OF THIS VERY COMMITTEE EVEN MET PRIVATELY WITH PARTISAN PROSECUTION TO HELP THEM MANNER OUT STRATEGY. THEN SMITH APPEARED BEFORE THE HOUSE AND GAVE DISHONEST TESTIMONY TESTIMONY.

Chuck Grassley, Chair, Senate Judiciary Committee16:07INDEED THE FBI AT MR. SMITH'S REQUEST ALSO ISSUED PRESERVATION LETTERS AGAINST MEMBERS OF CONGRESS. THOSE LETTERS ALSO SOUGHT THE PRESERVATION OF A RANGE OF CONTENT CONTENT, NOT JUST TOLLING DATA. IT IS WORTH NOTING THAT COONEY AND RAY HAUSER KILLED AN INVESTIGATION INTO THE CLINTON FOUNDATION AND THE CLINTON CAMPAIGN CAMPAIGN.

Chuck Grassley, Chair, Senate Judiciary Committee16:07AND SO ON THE ONE HAND THEY COVERED UP FOR DEMOCRATS BUT ON THE OTHER HAND HAND, WENT FULL SCOPE ON REPUBLICANS. ANOTHER EXAMPLE OF MR. SMITH'S PARTISAN OPERATION. NOW ANOTHER EXAMPLE OF MR. SMITH'S PARTISAN OPERATION.

Chuck Grassley, Chair, Senate Judiciary Committee16:55NOW, BECAUSE OF MR. SMITH THE DEPARTMENT OF JUSTICE AND FBI HAVE REAMS OF VERY PERSONAL INFORMATION ON THOUSANDS OF REPUBLICANS. ONCE THE DEPARTMENT OF JUSTICE AND FBI OBTAIN THESE RECORDS -- WE ALL KNOW THEY WILL NEVER DELETE THEM.

Chuck Grassley, Chair, Senate Judiciary Committee16:55THE EXCEPTION OF COURSE IS HILLARY CLINTON IN THAT CASE THE FBI AGREED TO DESTROY INFORMATION ON HER BEHALF INCLUDING LAPTOPS ASSOCIATED WITH STAFF STAFF. JUST ANOTHER EXAMPLE OF DOUBLE STANDARD. IN THE END MR. SMITH INDICTED ONE PERSON.

Chuck Grassley, Chair, Senate Judiciary Committee17:40THAT ONE PERSON WAS PRESIDENT TRUMP. BUT IN THE PROCESS SUCCESSFULLY MAPPED OUT THE REPUBLICAN APPARATUS. THE FACT HE DIDN'T PUT IN HIS REPORT. I'LL HAVE MORE TO SHOW THE PUBLIC LATER TODAY ON THAT POINT.

Chuck Grassley, Chair, Senate Judiciary Committee17:40HOW MR. SMITH PROSECUTED TRUMP FOR ALLEGEDLY MISHANDLING CLASSIFIED INFORMATION WHILE DOING SO GETTING BACK TO CLASSIFIED INFORMATION WHILE DOING SO GETTING BACK TO CLASSIFIED INFORMATION, HIS TEAM LEFT A CLASSIFIED FACILITY OPEN CAUSING A SECURITY VIOLATION WHILE PROSECUTING TRUMP FOR PRACTICALLY THE SAME OFFENSE.

Chuck Grassley, Chair, Senate Judiciary Committee18:25ON AT LEAST ONE OCCASION JP COONEY ASKED THE DOOR TO THE CLASSIFIED FACILITY REMAIN UNLOCKED UNLOCKED. SO TALK ABOUT HYPOCRISY. AS THEY THROW THE BOOK AT TRUMP, THE PROSECUTORS ARE PLAYING FAST AND LOOSE WITH THE RULES.

Chuck Grassley, Chair, Senate Judiciary Committee18:25IN JULY OF 2022 2022, BEFORE THE RAID ON MAR-A-LAGO MAR-A-LAGO, FBI OFFICIALS MADE STRONG CONCERNS ABOUT THE LACK OF PROBABLE CAUSE AND OVERZEALOUS PROSECUTORS. MOREOVER LACK OF PROBABLE CAUSE AND OVERZEALOUS PROSECUTORS. MOREOVER, IN FEBRUARY OF 2022 2022, EMAILS SHOW THAT THE FBI WAS ACTUALLY GOING TO TREAT MAR-A-LAGO AS A SPILLING NOT A CRIMINAL INVESTIGATION.

Chuck Grassley, Chair, Senate Judiciary Committee19:12AND MR. SMITH REPRESENTED TO THE COURT THAT THE NATIONAL ARCHIVES DID SUBSTANTIALLY HELP THE CASE IN RESPONSE TO TRUMP ARGUING THEY DID SUBSTANTIALLY HELP THE CASE IN RESPONSE TO TRUMP ARGUING THEY DID. THESE REPRESENTATIONS TO THE COURT ARE ABSOLUTELY FALSE.

Chuck Grassley, Chair, Senate Judiciary Committee19:12RECORDS FROM THE ARCHIVES SHOW THE ARCHIVES GENERAL COUNSEL SUB -- SUB -- SUBSTANTIALLY ASSISTED . SMITH SAID HE AND HIS STAFF RESPONSIBLY " "IS TO DO THE RIGHT THING THING, THE RIGHT WAY FOR THE RIGHT REASONS."

Chuck Grassley, Chair, Senate Judiciary Committee19:57MR. SMITH'S OPERATION WAS A PARTISAN WEAPON AND BROKE THE RULES, LIED TO THE COURT AND ENGAGED IN BAD FAITH THROUGHOUT THIS OPERATION HAS NO CREDIBILITY TO THE PARTISAN MEDIA AND DEMOCRATS TODAY. SENATOR DURBIN.

Chuck Grassley, Chair, Senate Judiciary Committee19:57SEN.

Dick Durbin, U.S. Senator20:31THANK YOU MR. CHAIRMAN I'M GLAD MY REPUBLICAN COLLEAGUES HAVE FINALLY ACCEPTED SPECIAL COUNSEL JACK SMITH'S AUTHOR -- OFFER LONG-STANDING OFFER TO STAND BEFORE THIS COMMITTEE AND TESTIFY UNDER OATH. REPUBLICANS HAVE SPENT MONTHS SPREADING BASELESS CONSPIRACY THEORIES ABOUT MR. SMITH'S INVESTIGATION INSTEAD OF HEARING FROM HIM DIRECTLY.

Dick Durbin, U.S. Senator20:35NEARLY ONE YEAR AGO MR. SMITH VOLUNTEERED TO TESTIFY UNDER OATH BEFORE THIS -- COMMITTEE. DEMOCRATS JOINED IN THAT OFFER SAYING LET'S GET TO THE BOTTOM OF IT IT. PUT THEM UNDER OATH AND LEST ASK QUESTIONS.

Dick Durbin, U.S. Senator20:35AND THEN ALMOST A YEAR PAST. HOUSE REPUBLICANS CALLED MR. SMITH TO TESTIFY IN JANUARY JANUARY. SENATE REPUBLICANS REFUSED HIS OFFER TO TESTIFY AND INSTEAD HELD EIGHT HEARINGS ON HIS SUPPOSED WRONGDOING WRONGDOING, NEVER CALLING HIM DIRECTLY.

Dick Durbin, U.S. Senator21:20IN FACT THIS COMMITTEE HELD OVER THREE HEARINGS TO QUESTION TELECOM COMPANIES FOR FOLLOWING THE LAW AND HEAR FROM MAG MAGA WITNESSES WITH NO FIRST-HAND KNOWLEDGE OF HIS INVESTIGATION. FINALLY THE SENATE REPUBLICANS RELENTED AND WE HAVE TODAY'S HEARING.

Dick Durbin, U.S. Senator21:20HERE ARE THE FACTS. MR. SMITH WAS TASKED WITH INVESTIGATING PRESIDENT TRUMP'S EFFORTS TO OVERTURN THE 2020 PRESIDENTIAL ELECTION AND HIS UNLAWFUL RETENTION AND DISTRIBUTION OF SENSITIVE CLASSIFIED DOCUMENTS AFTER PRESIDENT TRUMP LEFT OFFICE. IN THE WEEKS FOLLOWING PRESIDENT TRUMP'S 2020 ELECTION LOSS, AND JUST FOR THE RECORD, THE PRESIDENT DID LOSE THE ELECTION.

Dick Durbin, U.S. Senator22:06, TRY TO SUBVERT THE WILL OF THE PEOPLE AND STEAL THE PRESIDENCY. THE PRESIDENT DID ALL THIS WHILE KNOWING AND PRIVATELY ADMITTING HE LOST THE ELECTION TO JOE BIDEN BY 7 MILLION VOTES. PRESIDENT TRUMP THREATENED STATE ELECTION OFFICIALS IN BATTLEGROUND STATES WHERE HE LOST, URGING THEM TO SUBMIT FRAUDULENT ELECTION CERTIFICATES TO OVERTURN THE VOTES IN THOSE STATES.

Dick Durbin, U.S. Senator22:06NOW THAT'S A PRETTY TOUGH ALLEGATION. THE PRESIDENT ASKED ELECTION OFFICIALS IN VARIOUS STATES TO CHANGE THE OUTCOME AND OVERTURN THE ELECTION ELECTION, WHAT PROOF DO YOU HAVE DURBIN? THE VOICE OF THE PRESIDENT HIMSELF.

Dick Durbin, U.S. Senator22:53HOW DO WE KNOW THIS? THE PRESIDENT SAID IT. HE CALLED THE ELECTION OFFICIAL IN GEORGIA AND ASKED HIM TO FIND, FIND WAS HIS WORD, 11,780 VOTES. I HOPE THAT THAT NEVER HAPPENED BEFORE IN AMERICAN HISTORY AND I HOPE IT NEVER HAPPENS AGAIN.

Dick Durbin, U.S. Senator22:53PRESIDENT TRUMP PRESSURED TO ATTORNEYS GENERAL TO HAVE THE JUSTICE DEPARTMENT FALSELY DECLARE ELECTION FRAUD AND PRESSURE STATES TO OVERTURN THE WILL OF THE PEOPLE. ONE OF THESE ATTORNEY GENERALS RESIGNED AND WHEN HIS SUCCESSOR STILL REFUSED TRUMP THREATENED TO REPLACE HIM WITH A LAWYER WHO WOULD DO HIS BIDDING.

Dick Durbin, U.S. Senator23:38THE PRESIDENT'S OWN WHITE HOUSE COUNSEL OFFICE THREATENED "A MURDER SUICIDE PACT." TRUMP ONLY BACKED DOWN WHEN HE WAS INFORMED HIS ENTIRE DEPARTMENT OF JUSTICE LEADERSHIP THREATENED TO RESIGN EN MASSE RATHER THAN VIOLATE THEIR OATHS TO THE CONSTITUTION.

Dick Durbin, U.S. Senator23:38PRESIDENT TRUMP'S EFFORTS TO STEAL THE ELECTION REACHED A CRESCENDO ON JANUARY 6 IN 2021. WHEN HE EXHORTED HIS SUPPORTERS OF THE RALLY BY THE WHITE HOUSE TO "FIGHT LIKE HELL" AND TOLD THEM "WE ARE GOING TO THE CAPITAL."

Dick Durbin, U.S. Senator24:23THE WORDS OF THE PRESIDENT. I WAS HERE ON JANUARY 6. WHEN THAT ARMED MOB OVERRAN THIS BUILDING IN A VIOLENT ATTEMPT TO STOP THE ELECTION CERTIFICATION PROCESS WHICH WAS TAKING PLACE IN THE HOUSE AND SENATE.

Dick Durbin, U.S. Senator24:23IN THE WAKE OF THAT ATTACK ATTACK, OF JANUARY 6 -- AND YOU SAW IT ON VIDEO, EXACTLY WHAT HAPPENED. FIVE LAW ENFORCEMENT OFFICERS WHO DEFENDED US IN THE VISITORS TO THE CAPITAL -- AND THE IDEALS OF THE REPRESENTATIVES LOST THEIR LIVES.

Dick Durbin, U.S. Senator24:23MORE THAN 140 POLICEMEN WERE INJURED THEIR LIVES. MORE THAN 140 POLICEMEN WERE INJURED. IT'S BEEN MY HONOR TO SERVE FOR 30 YEARS IN THE UNITED STATES SENATE. THERE ARE MOMENTS I WILL NEVER FORGET.

Dick Durbin, U.S. Senator25:0925 YEARS AGO 9/11 WAS ONE OF THOSE MOMENTS WHEN WE WERE ASKED TO EVACUATE THE CAPITAL FOR FEAR OF WHAT MIGHT HAPPEN IF THE TERRORIST ATTACK. THE DAY I WILL ALSO REMEMBER AS LONG AS I LIVE IS JANUARY 6, 2020 ONE.

Dick Durbin, U.S. Senator25:09THIS CATHEDRAL DEMOCRACY WAS OVERRUN BY VIOLENT INSURRECTIONISTS AT THE DIRECTION OF THE PRESIDENT OF THE UNITED STATES. WHEN HE FINALLY LEFT OFFICE IN 2021 2021, PRESIDENT TRUMP SEIZED BOXES OF CLASSIFIED DOCUMENTS CONTAINING TOP SECRET INFORMATION ON OUR DEFENSE AND WEAPON CAPABILITIES.

Dick Durbin, U.S. Senator25:09OUR NUCLEAR PROGRAMS AND POTENTIAL VULNERABILITIES IN THE UNITED STATES AND ITS ALLIES TO MILITARY ATTACKS. THESE WERE GOVERNMENT DOCUMENTS THE PRESIDENT TALK TALK, NOT HIS PERSONAL EFFECTS, YET HE STORE THESE EXTREMELY SENSITIVE DOCUMENTS HAPHAZARDLY IN A MAR-A-LAGO BALLROOM.

Dick Durbin, U.S. Senator25:54-- DOCUMENTS HAPHAZARDLY IN A MAR-A-LAGO BALLROOM. --, A BATHROOM SHOWER SHOWER, HIS BEDROOM AND OTHER UNSECURED SPACES. AND THEN HE SHOWED OFF THE SECRET DOCUMENTS DOCUMENTS. TWO SEEMINGLY ANYONE AT RANDOM INCLUDING HIS PUBLISHER PUBLISHER, STAFF MEMBERS AND REPRESENTATIVES OF HIS POLITICAL ACTION COMMITTEE.

Dick Durbin, U.S. Senator25:54MEMBERS OF THE SENATE ARE SHOWN DOCUMENTS LIKE THIS IT IS IN A CLOSED SETTING IN A GUARDED ROOM WHERE WE ARE TOLD DO NOT TAKE ANYTHING IN WRITING OUT OF THIS ROOM AFTERWARDS. THE PRESIDENT WAS SHOWING THESE THINGS AT MAR-A-LAGO.

Dick Durbin, U.S. Senator26:40AND BOTH HIS THEFT AND DISTRIBUTION OF THESE CLASSIFIED DOCUMENTS IN THE 20 ELECTION, PT TRUMP DEMONSTRATED WANTON DISTAIN FOR THE LAWS OF THE UNITED STATES, THE WILL OF THE PEOPLE AND OUR NATIONAL SECURITY.

Dick Durbin, U.S. Senator26:40MALFEASANCE BY GOVERNMENT OFFICIALS IS SADLY NOT A NEW PHENOMENON PHENOMENON, BUT PRESIDENT TRUMP'S MISCONDUCT IS OF EGREGIOUS PHENOMENON, BUT PRESIDENT TRUMP'S MISCONDUCT IS OF EGREGIOUS. THE KIND AND SCALE WE HAVEN'T SEEN BY ANY PRESIDENT BEFORE HIM.

Dick Durbin, U.S. Senator26:40INVESTIGATING THIS CONDUCT BY A GOVERNMENT OFFICIAL REQUIRES SCRUPULOUS CARE. THANKFULLY MR. SMITH IS HERE TODAY AND WILL BE UNDER OATH, AND HIS TEAM OF NONPARTISAN CAREER PROSECUTORS HAVE THE NECESSARY EXPERIENCE TO TACKLE THIS ASSIGNMENT.

Dick Durbin, U.S. Senator27:25MR. SMITH'S RESUME AS A PROFESSIONAL PROSECUTOR IS SOLID AND EXTENSIVE. EVERYTHING FROM SECURITY -- SECURING THE CAPITAL MURDER CONVICTION AGAINST THE GANG LEADER WHO MURDERED TWO NEW YORK POLICE DEPARTMENT OFFICERS FOR SECURING CONVICTIONS AGAINST WAR CRIMINALS IN THE KOSOVO WAR.

Dick Durbin, U.S. Senator27:25BUT IN RETURN RETURN, MR. SMITH AND HIS SPECIAL COUNSEL HAVE HAD THEIR NAMES DRAGGED THROUGH THE MUD BY THE MAGA MACHINE. TIMOTHY TEBO, HEARD HIS NAME THIS MORNING? IT WAS SAID REPEATEDLY BY THE CHAIRMAN.

Dick Durbin, U.S. Senator28:11TIMOTHY TEBO RETIRED FROM THE FBI IN AUGUST OF 2022. MR. SMITH WAS APPOINTED SPECIAL COUNSEL OR THREE MONTHS LATER IN NOVEMBER OF 2022. AS AN EXAMPLE. THIS IS A RESULT OF PRESIDENT TRUMP'S CAMPAIGN AIDED AND ABETTED BY MANY CONGRESSIONAL REPUBLICANS TO WHITEWASH THE HISTORY OF THE 2020 ELECTION AND JANUARY 6 INSIDIOUS ATTACK ON THIS CAPITOL BUILDING.

Dick Durbin, U.S. Senator28:56REPUBLICANS ARE RELEASED DOCUMENTS AND DETAILS RELATED TO THESE INVESTIGATIONS IN A HAPHAZARD NON-CHRONOLOGICAL ORDER ON THE NATURE OF MR. SMITH'S EFFORTS INTO TO MANUFACTURE CONTROVERSY WHERE THERE ISN'T ONE. THEY -- THEY DECRY MR. SMITH AND SAY NOTHING ABOUT THE PRESIDENT WHO CONTINUED TO BREAK THE LAW IN AN EFFORT TO PREVENT THE TRUTH COMING TO LIGHT LIGHT.

Dick Durbin, U.S. Senator28:56TRUMP FREQUENTLY THREATENED PUBLIC OFFICIALS AND WITNESSES IN THE ELECTION INTERFERENCE CASE WHICH ENCOURAGED FURTHER THREATS AND INTIMIDATION BY HIS SUPPORTERS. IN THE CLASSIFIED DOCUMENTS CASE, TRUMP TOOK OBSTRUCTION TO A NEW LEVEL. HE SUGGESTED TO HIS ATTORNEYS THAT THEY LIE AND SAY THEY HAD SUBMITTED ALL THE DOCUMENTS DOCUMENTS.

Dick Durbin, U.S. Senator29:42HE SUGGESTED THAT THEY REMOVE SOME DOCUMENTS PRIOR TO RETURNING, DIRECTED EMPLOYEES TO HIDE DOCUMENTS, DIRECTED EMPLOYEES TO DELETE VIDEO FOOTAGE OF THE BOXES BEING PUT IN AT HIS HOME IN MAR-A-LAGO. IT IS SAD TO SEE MY REPUBLICAN COLLEAGUES CONTORT THEMSELVES TO SUPPORT PRESIDENT TRUMP'S LIES.

Dick Durbin, U.S. Senator29:42I EXPECT THAT WILL CONTINUE TODAY. IF THOSE ARE THE LIMITS PLACED ON MR. SMITH'S ABILITY TO TESTIFY BY AILEEN CANNON ON THE TRUMP ADMINISTRATION. JUDGE CANNON IS ENJOYING THE RELEASE OF VOLUME TWO OF THE SPECIAL COUNSEL REPORT ON CLASSIFIED DOCUMENTS.

Dick Durbin, U.S. Senator30:27JUST AS IN HIMSELF ENJOYED FROM UNLESS THE JUSTICE DEPARTMENT MAKES THAT INFORMATION PUBLIC. LET ME BE CLEAR CLEAR, THERE WAS NOTHING UNTOWARD ABOUT SPECIAL COUNSEL SMITH AND HIS FELLOW PROSECUTORS IN THIS INVESTIGATION. THE DISPERSION CAST ON MR. SMITH NONSTOP WERE PETTY PETTY, PERSONAL AND POLITICAL.

Dick Durbin, U.S. Senator30:27THEY ARE NOTHING BUT A SMOKESCREEN TO DISTRACT FROM THE PRESIDENT'S OWN CLEAR UNLAWFUL CONDUCT AFTER YEARS OF WHITEWASHING PRESIDENT TRUMP'S CRIMES, MY REPUBLICAN COLLEAGUES CAN FINALLY RAISE THEIR CONCERNS WHEN THE ONE PERSON WHO CAN ADDRESS THEM.

Dick Durbin, U.S. Senator31:14MAYBE THIS WILL FINALLY FREE THE COMMITTEE FROM THE ENDLESS DEBATE ON BASELESS CONSPIRACY THEORIES THAT ALLOWS TO ADDRESS REAL PROBLEMS AFFECTING THE AMERICAN PEOPLE. CHAIR GRASSLEY: MR. SMITH WOULD

Chuck Grassley, Chair, Senate Judiciary Committee31:36YOU PLEASE RISE. THAT THE TESTIMONY ARE ABOUT TO GIVE WILL BE THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD GOD? THANK YOU YOU MAY PROCEED WITH YOUR OPENING STATEMENT.

Chuck Grassley, Chair, Senate Judiciary Committee31:42MR.

Jack Smith, Former Special Counsel33:06CHAIRMAN GRASSLEY, RANKING MEMBER DURBIN, MEMBERS OF THE COMMITTEE THANK YOU FOR THE OPPORTUNITY TO DISCUSS MY WORK AS SPECIAL COUNSEL. I'VE BEEN FORTUNATE TO SERVE A COUNTRY THAT I LOVE FOR NEARLY 30 YEARS IN LOCAL, NATIONAL AND INTERNATIONAL SETTINGS.

Jack Smith, Former Special Counsel33:06I -- MY SERVICES SPAN REPUBLICAN AND DEMOCRATIC ADMINISTRATIONS. I AM NOT A POLITICIAN AND I HAVE NO PARTISAN LOYALTY. MY CAREER HAS BEEN DEDICATED TO SERVING OUR COUNTRY BY UPHOLDING THE RULE OF LAW AND THE CORE PRINCIPLES UPON WHICH OUR COUNTRY WAS FOUNDED.

Jack Smith, Former Special Counsel33:06I BELIEVE THERE IS NO ROLE FOR POLITICS IN THE PROPER ADMINISTRATION OF JUSTICE. A PROSECUTOR'S DECISIONS MUST BE BASED ON THE FACTS AND THE LAW. THE STATUS STATUS, POWER OR PROMINENCE OR POLITICAL AFFILIATION OF THE SUBJECT OF AN INVESTIGATION MUST PLAY NO ROLE IN THE DECISION TO INVESTIGATE, PROSECUTE OR DECLINED TO PROSECUTE.

Jack Smith, Former Special Counsel33:54I APPROACH MY ROLE AS SPECIAL COUNSEL FOLLOWING THESE PRINCIPLES. SPECIAL COUNSEL'S OFFICE FOLLOWED THE JUST FROM THE POLICIES POLICIES, OBSERVE LEGAL REQUIREMENTS AND TOOK ACTIONS BASED ON THE FACTS AND THE LAW. I STAND BY MY DECISIONS AS SPECIAL COUNSEL INCLUDING MY DECISION TO BRING CHARGES AGAINST PRESIDENT TRUMP.

Jack Smith, Former Special Counsel33:54I MADE THOSE DECISIONS WITHOUT REGARD TO PRESIDENT TRUMP'S POLITICAL ASSOCIATION ASSOCIATION, ACTIVITIES, BELIEFS OR CANDIDACY IN THE 2024 PRESIDENTIAL ELECTION. OUR INVESTIGATION DEVELOP PROOF BEYOND A REASONABLE DOUBT THAT PRESIDENT TRUMP ENGAGED IN SERIOUS CRIMES AGAINST OUR NATION.

Jack Smith, Former Special Counsel34:40IF ASKED WHETHER TO PROSECUTE A FORMER PRESIDENT TODAY BASED ON THE SAME FACTS. I WOULD DO SO REGARDLESS OF WHETHER THAT PRESIDENT WAS A REPUBLICAN OR A DEMOCRAT. THE CHARGES AGAINST PRESIDENT TRUMP WERE THE RESULT OF THE EVIDENCE EVIDENCE.

Jack Smith, Former Special Counsel34:40GRAND JURIES IN TWO SEPARATE DISTRICTS REACH THIS CONCLUSION BASED ON HIS ACTIONS AS ALLEGED IN THE INDICTMENTS THEY RETURNED. RATHER THAN ACCEPT HIS DEFEAT IN THE 2020 PRESIDENTIAL ELECTION, PRESIDENT TRUMP ENGAGED IN A CRIMINAL SCHEME TO OVERTURN THE RESULTS AND PREVENT THE LAWFUL TRANSFER OF POWER POWER.

Jack Smith, Former Special Counsel35:25AFTER LEAVING OFFICE IN JANUARY OF 2021 2021, PRESIDENT TRUMP ILLEGALLY CAPPED CLASSIFIED DOCUMENTS AT HIS MAR-A-LAGO SOCIAL CLUB AND REPEATEDLY TRIED TO OBSTRUCT JUSTICE TO CONCEAL HIS CONTINUED RETENTION OF THOSE DOCUMENTS. HIGHLY SENSITIVE NATIONAL SECURITY INFORMATION WAS HELD IN A BATHROOM AND A BALLROOM WHERE EVENTS AND GATHERINGS TOOK PLACE.

Jack Smith, Former Special Counsel35:25AS OF MY APPEARANCE BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY, I AM PREPARED TO ANSWER YOUR QUESTIONS TRUTHFULLY TRUTHFULLY. I STAND BY MY TESTIMONY BEFORE THE HOUSE OF REPRESENTATIVES AND I WILL NOT BE SILENCED BY CONTINUED THREATS OF PROSECUTION FROM THE PRESIDENT OR OTHERS.

Jack Smith, Former Special Counsel36:11AS I APPEAR BEFORE YOU TODAY IT IS MY BELIEF THAT THE RULE OF LAW FACES CHALLENGES UNLIKE ANY WE HAVE EXPERIENCED IN OUR LIFETIME. INDIVIDUALS ARE THREATENED WITH CRIMINAL PROSECUTION BECAUSE THEY ARE PERCEIVED TO HAVE OPPOSED THIS PRESIDENT.

Jack Smith, Former Special Counsel36:11PREDETERMINED OUTCOMES INCREASINGLY SEEM TO TAKE PRECEDENCE OVER THE JUSTICE DEPARTMENT'S LONG-STANDING CORE VALUES AND TRADITIONS. HISTORY TEACHES THAT THE RULE OF LAW IS RARELY DESTROYED ALL AT ONCE. IT IS OFTEN WEAKENED BY ATTACKS ON THE INSTITUTIONS OF PUBLIC SERVANTS SWORN TO UPHOLD.

Jack Smith, Former Special Counsel36:56SINCE JANUARY OF 2021 WE'VE WITNESSED PRECISELY SUCH AN EFFORT INCLUDING THE VILIFICATION OF THE AGENCY PROSECUTORS AND STAFF WHO WORK ON MY TEAM SIMPLY BECAUSE OF THEIR UNWAVERING DEDICATION TO THE RULE OF LAW.

Jack Smith, Former Special Counsel36:56I MYSELF HAVE BEEN THREATENED WITH JAIL BY THE PRESIDENT OF THE UNITED STATES. HOWEVER I REMAIN CONFIDENT THAT THE RULE OF LAW WILL ENDURE BECAUSE SO MANY CONTINUE TO UPHOLD FAITHFULLY EACH DAY DAY.

Jack Smith, Former Special Counsel36:56THROUGHOUT OUR LEGAL SYSTEM PUBLIC SERVANTS HAVE REMAINED FAITHFUL TO THEIR OATHS DESPITE EXTRAORDINARY PRESSURE PRESSURE. THEIR EXAMPLE DEMONSTRATES THAT WHILE FEAR MAY BE CONTAGIOUS, COURAGE IS AS WELL. THANK YOU FOR THE OPPORTUNITY TO TESTIFY TODAY.

Jack Smith, Former Special Counsel37:41I LOOK FORWARD TO YOUR QUESTIONS. CHAIR

Chuck Grassley, Chair, Senate Judiciary Committee37:57THANK YOU MR. SMITH WE WILL HAVE 10 MINUTE -- OPPORTUNITIES TO ASK QUESTIONS AND ONE ROUND FOR EACH MEMBER. IN YOUR PUBLIC STATEMENTS AND TESTIMONY HERE TODAY YOU'VE GIVEN GLOWING ASSESSMENT OF YOUR STAFF SAYING THAT THEY HAD AN UNWAVERING COMMITMENT TO JUSTICE REGARDLESS OF PERSONAL CAUSE CAUSE.

Chuck Grassley, Chair, Senate Judiciary Committee38:03THAT IS BLATANTLY UNTRUE UNTRUE. YOU'RE APPARENTLY IN DENIAL BASED ON THE LITANY OF WRONGDOING AND POLITICAL BIAS SUPPORTED BY EVIDENCE THAT I'VE REFERENCED IN MY OPENING STATEMENTS AND EITHER RELEASED DOCUMENTS OR WILL TODAY THAT PROVES THIS THIS.

Chuck Grassley, Chair, Senate Judiciary Committee38:03MOREOVER IN YOUR PUBLIC REPORT YOU SAID IN PART "THOSE MATERIALS COMPRISED A SMALL PART OF THE OFFICE INVESTIGATING RECORD. YOU'RE REFERRING TO THE CHASE SIX COMMITTEE MATERIALS MATERIALS. RECORDS SHOW THAT IN YOUR BRIEFING MEMORANDUM MEETING WITH GARLAND WHO SAID YOUR TEAM "FULLY READ AND REVIEWED REVIEWED" THE J SIX COMMITTEE REPORT, THAT MEMO ALSO SAID YOUR STAFF "WENT OVER IT PAGE BY PAGE AND INCORPORATED IT INTO INVESTIGATING PLAN PLAN."

Chuck Grassley, Chair, Senate Judiciary Committee38:49THE MEMO SAID YOU "WILL LEVERAGE" THE REPORT. THE REPORT PROVIDED FALSE INFORMATION TO THE PUBLIC. YOUR STAFF ALSO OBTAINED SUBPOENA RETURNS WITH THE CONTENT OF MESSAGES OF 44 MEMBERS OF CONGRESS, NOT JUST TOLL RECORDS AS YOU -- TESTIFIED PREVIOUSLY.

Chuck Grassley, Chair, Senate Judiciary Committee39:34BASED ON INFORMATION PROVIDED TO THE COMMITTEE THAT CONTENT WAS SHARED WITH CASE AGENTS AND PROSECUTORS BEFORE IT WENT THROUGH ANY FILTER REVIEW FOR PRIVILEGED INFORMATION WHICH SHOULD HAVE BEEN DONE LIKE IT'S BEEN IN OTHER CASES.

Chuck Grassley, Chair, Senate Judiciary Committee39:34THOSE ARE CLEAR VIOLATIONS BY YOUR STAFF STAFF. YOUR DEPUTY JP CUNY SAID HE " PROSECUTE ANY NUN WHO STILL WEARS A HABIT" THEN ALSO SAID REGARDING SPEECH AND DEBATE CLAUSE "I'M AN ADVOCATE FOR REPEALING THE CLAUSE."

Chuck Grassley, Chair, Senate Judiciary Committee40:20LASTLY, COONEY AND MOLLY GASTON FILED A COMPLAINT WITH THE JUSTICE DEPARTMENT'S INSPECTOR GENERAL. YOUR STAFF ASKED FOR THE INSPECTOR GENERAL TO BE INVESTIGATE -- TO INVESTIGATE WHISTLEBLOWERS BRAVELY EXPOSE THE ABUSES OF AUTHORITY TO CONGRESS BY YOU AND YOUR STAFF.

Chuck Grassley, Chair, Senate Judiciary Committee40:20THESE ARE JUST SOME OF THE VIOLATIONS OF THE LAW OR POLICY THAT YOUR STAFF AND OFFICE COMMITTED. AND THAT DOESN'T INCLUDE ALL THE VIOLATIONS FROM FBI AGENTS LIKE TIVO AND GIARDINA COMMITTED WHILE CREATING FALSE PREDICATE FOR YOUR CASES AND OTHERS.

Chuck Grassley, Chair, Senate Judiciary Committee41:06SO QUESTION NUMBER ONE OUT OF SIX I HAVE HAVE. SHOULD WHISTLEBLOWERS WHO MADE LAWFUL DISCLOSURES TO CONGRESS ABOUT YOUR TAXPAYER-FUNDED WORK BEING INVESTIGATED. MR. SMITH: I AM NOT AWARE OF ANY

Jack Smith, Former Special Counsel41:45WHISTLEBLOWERS BEING INVESTIGATED. I BELIEVE PUBLIC SERVANTS SHOULD BE PROTECTED. THE MEMBERS OF MY TEAM YOU JUST MENTIONED I'M EXTREMELY PROUD TO WORK WITH THEM AND THE FACT THAT THEY HAVE BEEN TARGETED ILLEGALLY AND LOST THEIR JOBS ILLEGALLY AND HAVE THEIR LIVES TURNED UPSIDE DOWN BY THIS DEPARTMENT OF JUSTICE IS AN OUTRAGE.

Jack Smith, Former Special Counsel41:46CHAIR

Chuck Grassley, Chair, Senate Judiciary Committee42:09YOU SAID YOU DIDN'T KNOW ABOUT IT AND SAY THEY ASKED FOR INVESTIGATION THIRD QUESTION NUMBER TWO DID YOUR SPECIAL COUNSEL OBTAIN -- OPERATION OBTAIN POSSESSION OF DONOR DATA INCLUDING FINANCIAL INFORMATION, YES OR NO. MR. SMITH: OUR INVESTIGATION WAS FOCUSED ON INVESTIGATION MATTERS

Jack Smith, Former Special Counsel42:37UNDER THE MANDATE INCLUDING WHETHER ANY PERSON OR ENTITY VIOLATED THE LAW WITH ATTEMPT TO BLOCK THE PEACEFUL TRANSFER OF POWER. CHAIR

Chuck Grassley, Chair, Senate Judiciary Committee42:49DID YOUR SPECIAL COUNSEL OPERATION OBTAIN POSSESSION OF DONOR DATA TO INCLUDE FINANCIAL INFORMATION YES OR NO. MR.

Jack Smith, Former Special Counsel42:58YES WE ACQUIRED FINANCIAL INFORMATION AS I SIT HERE RIGHT NOW I CANNOT RECITE TO YOU EVERY SUBPOENA WE ISSUED. I CAN TELL YOU WHY WE ISSUED SUBPOENAS IN A CRIMINAL INVESTIGATION OF ONE OF THE SERIOUS CRIMES THAT'S EVER HAPPENED IN OUR NATIONS HISTORY.

Jack Smith, Former Special Counsel43:01I HAD THE NEED TO COLLECT FACTS. CHAIR GRASSLEY: YOU ANSWERED

Chuck Grassley, Chair, Senate Judiciary Committee43:20YES. ACCORDINGLY TO PROTECT DISCLOSURES TO MY OFFICE YOU OBTAINED AT LEAST 4700 82 DONOR CHECKS. ANY OF THOSE CHECKS FOR FIVE TO $10. THE LIST INCLUDES CHECKS FROM CONSTITUENTS IN EVERY STATE OF EVERY SINGLE MEMBER OF THIS COMMITTEE BOTH REPUBLICANS AND DEMOCRATS IT INCLUDED 42 CHECKS FROM IOWANS WHO DARED TO DONATE MONEY TO REPUBLICANS.

Chuck Grassley, Chair, Senate Judiciary Committee43:20NO MATTER WHAT YOU SAY THERE IS NO LEGITIMATE BASIS FOR WHAT YOU DID ESPECIALLY SINCE YOUR STAFF KILLED AN INVESTIGATION INTO THE CLINTON CAMPAIGN. DONATIONS TO REPUBLICAN GROUPS WASN'T NECESSARY FOR YOUR INVESTIGATION WHICH IS PROVED OUT BY THE FACT THAT IT WAS NOT FEATURED IN YOUR PUBLIC REPORT.

Chuck Grassley, Chair, Senate Judiciary Committee44:05NOW THE JUSTICE DEPARTMENT FBI WHO FOREVER POSSESSED THOUSANDS OF PEOPLE'S ADDRESS ADDRESS, PHONE NUMBER, BANK AND BANK ACCOUNT NUMBER, BANK ROUTING NUMBER AND A COPY OF THEIR TRUE SIGNATURE. EVERY MEMBER OF THIS COMMITTEE OUGHT TO BE OUTRAGE FOR WHAT HAPPENED TO THEIR CONSTITUENTS.

Chuck Grassley, Chair, Senate Judiciary Committee44:05I HOPE MY DEMOCRATIC COLLEAGUES WILL JOIN ME IN THIS THIS. QUESTION NUMBER THREE. IN OCTOBER LAST YEAR, I ASKED YOU THIS QUESTION WHICH HE NEVER RESPONDED. DID YOU EVER USE A PERSONAL DEVICE FOR WORK PURPOSES TO INCLUDE COMMUNICATIONS SUCH AS EMAIL, TEXT OR CREATION OR EDITING OF WORK PRODUCT AND IF SO WILL YOU COMMIT TO PROVIDING THAT TO THE COMMITTEE.

Chuck Grassley, Chair, Senate Judiciary Committee44:51IF NOT ARE YOU TESTIFYING THAT YOU COMPLIED WITH ALL FEDERAL WORK REQUIREMENTS. MR. SMITH: YES.

Jack Smith, Former Special Counsel45:11WHEN I FIRST BECAME SPECIAL COUNSEL I DID NOT HAVE A GOVERNMENT PHONE OR COMPUTER AND SO IN THE INITIAL DAYS WHEN I WAS APPOINTED AND WAS STILL LIVING IN THE NETHERLANDS, I DID USE A PERSONAL DEVICE AND EMAIL TO COMMUNICATE WITH FOLKS IN THE JUSTICE DEPARTMENT.

Jack Smith, Former Special Counsel45:12WHEN I GOT GOVERNMENT ACCOUNTS IS MADE SURE TO THE BEST OF MY ABILITY THAT THAT INFORMATION WAS FORWARDED TO GOVERNMENT ACCOUNTS SO WE WOULD BE WITHIN THE FEDERAL RECORDS ACT. I SAW IT AT ALL TIMES TO COMPLY WITH THE FEDERAL RECORDS ACT AS I EXPECTED MY ATTORNEYS TO DO AS WELL.

Jack Smith, Former Special Counsel45:12CHAIR

Chuck Grassley, Chair, Senate Judiciary Committee45:51FOLLOWING UP ON MY OPENING STATEMENT FOR THE CLASSIFIED DOCUMENT CASE WHERE DID YOU STORE THE CLASSIFIED MATERIAL MATERIAL. DESCRIBE THE SCHEDULE RANGE FOR DOJ AND FBI PERSONNEL DURING AND AFTER THE COURT ROOM SESSIONS.

Chuck Grassley, Chair, Senate Judiciary Committee45:55MR. SMITH: I CANNOT SPEAK TO FBI

Jack Smith, Former Special Counsel46:15FACILITIES. BUT I CAN EXPLAIN OUR OFFICE HAD A PLACE TO STORE CLASSIFIED INFORMATION AND MY RECOLLECTION IS THAT THERE WAS AT LEAST IN FLORIDA AND ABILITY TO STORE BUT I CANNOT RECALL IF IT WAS AT THE FBI FIELD OFFICE OR AT THE COURTHOUSE BUT WE HAD A SKIFF AT OUR OFFICE AS PART OF OUR INVESTIGATION KNOWING THAT CLASSIFIED INFORMATION WOULD BE INVOLVED IN THE INVESTIGATION.

Jack Smith, Former Special Counsel46:17CHAIR GRASSLEY: I SAID MY

Chuck Grassley, Chair, Senate Judiciary Committee46:47OPENING STATEMENT ONE OF YOUR STAFF MEMBERS SUGGESTED LEAVING THE DOOR OPEN WHICH WOULD OBVIOUSLY BE A VIOLATION OF LAW. QUESTION NUMBER FIVE. HAVE YOU EVER RECEIVED ANY CONSULTATION OR CONSULT BY JOHN BRENNAN FORMER C.I.A.

Chuck Grassley, Chair, Senate Judiciary Committee46:47DIRECTOR BEFORE YOUR TIME AS SPECIAL COUNSEL OR OTHERWISE. IF SO, WHEN AND FOR WHAT PURPOSE. MR. SMITH: I'VE NEVER MET JOHN

Jack Smith, Former Special Counsel47:14BRENNAN. CHAIR GRASSLEY: HAVE YOU EVER --

Chuck Grassley, Chair, Senate Judiciary Committee47:21WELL I GUESS YOU'VE ANSWERED MY FOLLOW-UP QUESTION QUESTION. NUMBER SIX IN THE LAST THERE. WHEN YOU BECAME SPECIAL COUNSEL, WHAT DIRECTION DID YOU GIVE YOUR STAFF TO HANDLE SPEECH OR DEBATE AND ATTORNEY-CLIENT MATERIAL, DID YOU ISSUE ANY DIRECTIVE AND IF SO TO WHOM.

Chuck Grassley, Chair, Senate Judiciary Committee47:24MR.

Jack Smith, Former Special Counsel47:50WITH RESPECT TO THE SPEECH AND DEBATE CLAUSE FIRST, WE TOOK OUR OBLIGATIONS SERIOUSLY UNDER THE SPEECH AND DEBATE CLAUSE. IT'S AN IMPORTANT PART OF SEPARATION OF POWERS. I HAD MEMBERS OF MY STAFF WHO WERE VERY FAMILIAR WITH THE CLAUSE HAVING WORKED IN THE PUBLIC INTEGRITY SECTION FOR YEARS.

Jack Smith, Former Special Counsel47:54WE ALSO WHEN IT WAS APPROPRIATE WERE REQUIRED CONSULTED WITH THE PUBLIC INTEGRITY SECTION REGARDING THE APPLICATIONS OF THAT CLAUSE. CHAIR GRASSLEY: LET ME FOLLOW UP

Chuck Grassley, Chair, Senate Judiciary Committee48:18WITH THIS MR. SMITH TAKE AWAY FROM DOCUMENTARY RECORD AND REMARKS IN THE STATEMENTS I MADE ABOUT YOUR STAFF CLEAR FAILURE SHOW UNEQUIVOCALLY HOW REACHED CONSTITUTIONAL PARAMETERS AND FAILED AND REQUIRE YOUR STAFF USING THE TERRIBLE ACTS ON JANUARY 6 AS A PREDICATE FOR YOUR MISGUIDED INVESTIGATION.

Chuck Grassley, Chair, Senate Judiciary Committee48:23TO THAT END YOU THE WORLD'S WORST MANAGER OR YOU SHARE YOUR STAFF'S POLITICAL ANIMOSITY TO FUEL YOUR PARTISAN INVESTIGATION AND INVESTIGATION RULE IN THE LIVES SENATOR DURBIN. SEN. DURBIN: MR. SMITH THANK YOU

Dick Durbin, U.S. Senator49:04FOR BEING HERE. THERE IS I THINK APPROPRIATE CONCERN BY MEMBERS OF THIS COMMITTEE AND MEMBERS OF CONGRESS AS TO YOUR ACTIVITIES THE TELEPHONE CONVERSATIONS AND TEXT MESSAGES AND RECORDS. PLEASE EXPLAIN TO US WHAT INVOLVEMENT YOU HAD WITH ANY INFORMATION FROM MEMBERS OF CONGRESS.

Dick Durbin, U.S. Senator49:07MR.

Jack Smith, Former Special Counsel49:35FIRST WITH RESPECT TO TOLL RECORDS. TOLL RECORDS ARE NONCONTACT RECORDS. THEY SURELY CALL WAS TO WHO WAS FROM AND WHO MADE THAT CALL. MY OFFICE DID SECURE TOLL RECORDS FROM THIRD PARTIES PRINT THIRD PARTY TELEPHONE COMPANIES IN THE COURSE OF OUR INVESTIGATION.

Jack Smith, Former Special Counsel49:38THERE WERE RECORDS FOR MEMBERS OF CONGRESS. BEFORE WE DID THAT THAT, WE CONSULTED WITH PUBLIC INTEGRITY SECTION REGARDING WHAT -- IF THOSE TOLL RECORDS SUBPOENAS WERE APPROPRIATE. I APPROVE THOSE RECORDS AND THOSE RECORDS WERE MATERIALLY RELEVANT TO OUR INVESTIGATION.

Jack Smith, Former Special Counsel49:38SEN. DURBIN: WHY WERE THEY

Dick Durbin, U.S. Senator50:17RELEVANT? MR. SMITH: FOR A NUMBER OF REASONS.

Jack Smith, Former Special Counsel50:22WITH RESPECT TO THE TOLL RECORDS REGARDING THE EVENING OF JANUARY 6. THOSE RECORDS CORROBORATED EVIDENCE THAT WE HAD THAT THE PRESIDENT PRESIDENT, PRESIDENT TRUMP AND HIS CO-CONSPIRATORS WERE SEEKING TO EXPLOIT THE VIOLENCE ON JANUARY 6 IN FURTHERANCE OF THEIR CRIMINAL SCHEME.

Jack Smith, Former Special Counsel50:22TAKING THE FACT THAT LAW ENFORCEMENT OFFICERS HAD ASSAULTED AT THIS INSTITUTION AND USING THAT TO SEEK TO DELAY THE PROCEEDINGS FURTHER IN VIOLATION OF THE LAW LAW. IT WAS PART OF OUR INVESTIGATION. WE INTERVIEWED CO-CONSPIRATORS WHO TALKED ABOUT THE CALLS MADE TO MEMBERS OF CONGRESS.

Jack Smith, Former Special Counsel50:22WE HAD RECORDINGS OF VOICEMAILS THAT SHOW THESE VOICE WAS A PUBLIC. WHERE THE CO-CONSPIRATORS WERE AGAIN PROVIDING FALSE INFORMATION TO TRYING TO PLAY THE PROCEEDINGS. IT WAS AN IMPORTANT PART OF OUR INVESTIGATION AND WAS CENTRALLY RELEVANT TO THE ISSUE OF CRIMINAL INTENT.

Jack Smith, Former Special Counsel51:08TO SEEK TO FURTHER DELAY THE PROCEEDINGS IN VIOLATION OF THE LAW GIVEN WHAT HAD HAPPENED THAT AFTERNOON IN MY VIEW ADDED TO THE POWERFUL EVIDENCE WE HAD OF DONALD TRUMP'S GUILT AND THE PARTICIPATION OF HIS CO-CONSPIRATORS IN HIS CRIMINAL SCHEME AT HIS BEHEST.

Jack Smith, Former Special Counsel51:08SEN. DURBIN: SO WE HAVE THE

Dick Durbin, U.S. Senator51:51CAPITAL UNDER SIEGE WE HAVE THE VICE PRESIDENT RESUMED FROM PRESIDING OVER THE SENATE BY THE SECRET SERVICE. WE HAVE MEMBERS OF THE SENATE AND HOUSE IN BOTH POLITICAL PARTIES TOLD TO LEAVE THE BUILDING BECAUSE OF THE DANGER.

Dick Durbin, U.S. Senator51:53I WANT TO ASK IS IT FAIR TO SURMISE FROM WHAT YOU SAID THAT THE PRESIDENT WAS IN CONTACT WITH SOME MEMBERS OF CONGRESS DURING THIS TIME? MR. SMITH: YES THAT IS CORRECT. NOTE BOTH MEMBERS OF CONGRESS WE

Jack Smith, Former Special Counsel52:27GAINED EVIDENCE REACHING OUT TO THE WHITE HOUSE ASKING PLEASE HELP US, PLEASE STOP WHAT'S HAPPENING HAPPENING, PLEASE HAVE YOUR SUPPORTERS STOP ATTACKING THE CAPITAL AND THEN ALSO AGAIN AFTER THE ATTACK HAD OCCURRED OCCURRED, TELLING HIS CO-CONSPIRATORS THERE IS A MESSAGE I BELIEVE IT IS BETWEEN MARK MEADOWS AND ONE OF THE CO-CONSPIRATORS, THAT THE PRESIDENT WANTS YOU TO CALL THESE SENATORS.

Jack Smith, Former Special Counsel52:27THAT RECORD SHOULD BE MATERIAL THAT YOU ALL HAVE. CO-CONSPIRATORS INCLUDING RUDY GIULIANI THEN SOUGHT TO MAKE THOSE CALLS. WE ALSO HAVE EVIDENCE THAT THE PRESIDENT HIMSELF WAS TRYING TO REACH OUT TO INDIVIDUAL SENATORS.

Jack Smith, Former Special Counsel52:27SEN.

Dick Durbin, U.S. Senator53:17MR. DURBIN: THIS HAS BEEN CALLED BY SOME A WIRE TAP.

53:20DID YOU WIRE TAP ANY MEMBER OF EITHER PARTY? MR. SMITH: NO. THE RECORDS THAT WE'RE TALKING

Jack Smith, Former Special Counsel53:27ABOUT ARE NONCONTENT RECORDS, THE TOLL RECORDS ARE NONCONTENT RECORDS THAT WE SOUGHT TO CORROBORATE EVIDENCE WE HAD AND ALSO TO ASSIST US IN QUESTIONING WITNESSES ABOUT THESE EVENTS, AMONG OTHER THINGS. SEN. DURBIN: WHAT DID THE

Dick Durbin, U.S. Senator53:40RECORDS DISCLOSE TO YOU IF THEY DIDN'T DISCLOSE THE CONTENT AND CONVERSATION? MR. SMITH: WELL, THEY WERE RELEVANT FOR A NUMBER OF

Jack Smith, Former Special Counsel53:48REASONS. FIRST, THEY CORROBORATED OTHER RECORDS WE ALREADY HAD. SOME OF THOSE RECORDS WERE HELPFUL, BUT THEY HAD GAPS IN THEM IN TERMS OF WHEN CERTAIN CALLS HAPPENED. THERE WAS ALSO THE ISSUE OF WHEN WE INTERVIEWED ONE OF THESE CO-CONSPIRATORS WHO WAS INVOLVED IN MAKING THESELY CALLS, IT WAS UNCLEAR FROM THAT INTERVIEW HOW MANY PHONES WERE, IN FACT, BEING USED TO MAKE THOSE CALLS.

Jack Smith, Former Special Counsel53:48SO GETTING THESE RECORDS WOULD HELP US FIGURE OUT HOW MANY PHONES, IN FACT, WERE BEING USED TO MAKE THESE CALLS AND TO SEE WHO ELSE, IF ANYONE, WAS INVOLVED IN THAT. SEN. DURBIN: IT IS POSSIBLE AND

Dick Durbin, U.S. Senator54:28CERTAINLY AS I UNDERSTAND LEGAL FOR A MEMBER OF CONGRESS TO HAVE MORE THAN ONE PHONE. THE OFFICIAL BUSINESS OF THE SENATE MAY REQUIRE ONE PHONE NUMBER. THERE MAY BE A PERSONAL PHONE NUMBER FOR YOU AND YOUR FAMILY.

Dick Durbin, U.S. Senator54:28THERE MAY EVEN BE A POLITICAL PHONE NUMBER, WHICH YOU CAN RESORT IF YOU WERE INVOLVED IN POLITICAL ACTIVITY. DID YOU MAKE ANY DISTINCTION IN TERMS OF THE PHONE MESSAGES WHICH YOU WERE INVESTIGATING OF THESE THREE POSSIBILITIES?

Dick Durbin, U.S. Senator54:28MR. SMITH: MY RECOLLECTION IS BEING FOCUSED ON THE PHONES OF

Jack Smith, Former Special Counsel55:03THE CO-CONSPIRATORS. SEN. DURBIN: DO YOU MEAN MEMBERS

Dick Durbin, U.S. Senator55:08OF CONGRESS? MR. SMITH: NO, I'M THINKING SPECIFICALLY OF RUDY GIULIANI.

Jack Smith, Former Special Counsel55:16ONE OF THE THINGS WE LEARNED OF ANOTHER CO-SPOON AT THIS FOR IS HE HAD MULTIPLE PHONES. THE QUESTION IS IF WE HAD RECORDS, DID WE HAVE ALL THE RECORDS OF THE PHONES THAT WERE MAKING CALLS TO TRY TO EXPLOIT THE VIOLENCE?

Jack Smith, Former Special Counsel55:16SEN. DURBIN: IN TERMS OF THE PHONES THEMSELVES OF THE MEMBERS

Dick Durbin, U.S. Senator55:36OF CONGRESS, WHERE DO YOU FIND THOSE PHONE NUMBERS? MR. SMITH: AS I SIT HERE, I DO NOT RECALL.

Jack Smith, Former Special Counsel55:46WHAT I RECALL MY ROLE IN THIS ASPECT OF THE INVESTIGATION WAS I WAS ASKED BY MY STAFF TO APPROVE TOLL RECORDS, SUBPOENAS FOR THESE SORT OF RECORDS. AFTER DISCUSSING THE MATTER WITH MY STAFF, I TOLD THEM I WANTED TO MAKE SURE THAT PUBLIC INTEGRITY SECTION APPROVED OF THAT PROCESS.

Jack Smith, Former Special Counsel55:46THAT PROCESS HAPPENED, THEY DID. WITH RESPECT TO HOW AGENTS FIGURED OUT OR THOUGHT THEY HAD FIGURED OUT WHICH PHONES BELONGED TO WHICH SENATORS, I DON'T HAVE AN ANSWER FOR THAT. SEN. DURBIN: ASSUME FOR A MOMENT

Dick Durbin, U.S. Senator56:20ONE OF THE PHONE CONVERSATIONS WAS BETWEEN THE PRESIDENT OF THE UNITED STATES AND A MEMBER OF CONGRESS. DOES THE WHITE HOUSE MAINTAIN ANY RECORDS OF CALLS MADE BY THE PRESIDENT OR ON HIS BEHALF?

Dick Durbin, U.S. Senator56:22MR. SMITH: MY UNDERSTANDING IS THE WHITE HOUSE DOES, BUT MY

Jack Smith, Former Special Counsel56:41RECOLLECTION, AND I THINK THE TERMINOLOGY IS THE WHITE HOUSE SWITCHBOARD, MY RECOLLECTION IS WE DISCOVERED AT VARIOUS POINTS IN TIME THOSE RECORDS WERE INCOMPLETE OR WE DIDN'T HAVE ALL THE RECORDS. SO THAT WAS ANOTHER IMPORTANT POINT TO CORROBORATE, FOR EXAMPLE, EVIDENCE OF AN EMAIL WHERE SOMEONE SAYS THE PRESIDENT IS TRYING TO REACH OUT TO THESE PEOPLE, BUT THEN TO FIND THE ACTUAL RECORDS OF THE ACTUAL CALL.

Jack Smith, Former Special Counsel56:41SEN.

Dick Durbin, U.S. Senator57:09MY COLLEAGUES HAVE SPENT AN EXTENSIVE AMOUNT OF TIME DISCUSSING TIMOTHY TOBEW, WHO RETIRED FROM THE F.B.I. IN AUGUST OF 2022. ACCORDING TO OUR INFORMATION, YOU WERE APPOINTED SPECIAL COUNSEL THREE MONTHS AFTER HIS RETIREMENT IN NOVEMBER OF 2022.

Dick Durbin, U.S. Senator57:12WAS TIMOTHY TEBOW A PART OF YOUR SPECIAL COUNSEL TEAM? MR. SMITH: NO. SEN. DURBIN: DID YOU EVER MEET

Jack Smith, Former Special Counsel57:35HIM DURING YOUR WORK AS SPECIAL

Dick Durbin, U.S. Senator57:37COUNSEL? MR. SMITH: NO, NOT THAT I RECALL.

Jack Smith, Former Special Counsel57:40SEN. DURBIN: ■ NO, NOT THAT I RECALL. SEN. DURBIN: ■DI NO, NOT THAT I RECALL. SEN. DURBIN: ■DID HE OR TH THE WORK

Dick Durbin, U.S. Senator57:42THAT HE HAD DONE, WHATEVER IT WAS, INFLUENCE ANY OF YOUR DECISION MAKING AS SPECIAL COUNSEL? MR. SMITH: NO. WE MADE OUR DECISIONS BASED ON

Jack Smith, Former Special Counsel57:50THE FACTS AND BASED ON THE LAW, BASED ON THE INVESTIGATION THAT MY TEAM CONDUCTED. SEN. DURBIN: I WOULD SAY TO

Dick Durbin, U.S. Senator57:57THOSE WHO ARE FOLLOWING THE HEARING, AFTER HEARING ALL THESE REFERENCES TO TIMOTHY TEBOW, HE WAS GONE. HE WAS GONE FROM THE F.B.I., THE TIME MR. SMITH WAS APPOINTED, AND HE NEVER MET HIM, AND HE WAS NOT PART OF HIS TEAM.

Dick Durbin, U.S. Senator57:58SOME OF THESE CONSPIRACY THEORIES JUST KEEP MUSHROOMING DESPITE THE EVIDENCE TO THE CONTRARY.

58:33YOU SAY YOU NEVER MET JOHN BRANNEN, BUT HAVE YOU EVER HAD ANY CONVERSATION WITH JOHN BRAN NON? MR. SMITH: I HAVE NO RECOLLECTION OF HAVING A

Jack Smith, Former Special Counsel58:45CONVERSATION WITH JOHN BRENNAN. CHAIR GRASSLEY: SENATOR LEE IS

Chuck Grassley, Chair, Senate Judiciary Committee58:51NOT HERE. THAT WOULD BE SENATOR KENNEDY, NO, CRUZ. CRUZ ISN'T HERE. SENATOR KENNEDY, YOU'RE UP NOW. ARE YOU READY? GO AHEAD. SEN. KENNEDY: MR. SMITH, YOU

John Kennedy, U.S. Senator59:22WERE PRETTY WELL KNOWN AROUND WASHINGTON, EVEN BEFORE YOU DECIDED TO PROSECUTE PRESIDENT TRUMP, WEREN'T YOU, AND AREN'T YOU? MR. SMITH: I WOULD SAY A NUMBER OF PEOPLE IN THE JUSTICE

Jack Smith, Former Special Counsel59:35DEPARTMENT KNEW ME. I DON'T KNOW ABOUT WASHINGTON, D.C. SEN. KENNEDY: WHAT DOES THE WORD

John Kennedy, U.S. Senator59:46ARROGANT MEAN? MR. SMITH: I SUPPOSE IT MEANS THAT YOU FEEL FULL OF YOURSELF.

Jack Smith, Former Special Counsel59:56SEN. KENNEDY: PULL THAT MIC

John Kennedy, U.S. Senator59:58CLOSER TO YOU. MR. SMITH: SORRY.

Jack Smith, Former Special Counsel59:59IS THAT BETTER? SEN. KENNEDY: YEAH. WHAT DOES THE WORD

John Kennedy, U.S. Senator60:07SELF-RIGHTEOUS MEAN? MR. SMITH: I THINK IT'S PRETTY SIMILAR TO ARROGANT.

Jack Smith, Former Special Counsel60:16SEN. KENNEDY: HAVE YOU EVER

John Kennedy, U.S. Senator60:19HEARD THE EXPRESSION OFTEN WRONG BUT NEVER IN DOUBT? MR. SMITH: I DON'T BELIEVE I HAVE.

Jack Smith, Former Special Counsel60:34SEN. KENNEDY: YOU USED TO WORK

John Kennedy, U.S. Senator60:36FOR THE INTERNATIONAL CRIMINAL COURT, DID YOU? MR. SMITH: YES, I DID. SEN. KENNEDY: IS THAT A WORTHY

Jack Smith, Former Special Counsel60:45ORGANIZATION, IN YOUR OPINION?

John Kennedy, U.S. Senator60:48MR. SMITH: I BELIEVE THAT THE MISSION OF THE INTERNATIONAL

Jack Smith, Former Special Counsel60:51CRIMINAL COURT IS A WORTHY ONE. I THINK IT'S HAD NUMEROUS CHALLENGES AND NUMEROUS PROBLEMS OVER THE YEARS, BUT I THINK THE IDEA THAT NO ONE SHOULD BE ABOVE THE LAW AND THAT WE SHOULD APPLY THAT PRINCIPLE AROUND THE WORLD, I THINK THAT'S A GOOD ONE WE SHOULD ASPIRE TO.

Jack Smith, Former Special Counsel60:51SEN. KENNEDY: THAT WOULD BE THE

John Kennedy, U.S. Senator61:08SAME INTERNATIONAL CRIMINAL COURT THAT HAS THREATENED TO PROSECUTE AMERICAN SOLDIERS, IS THAT RIGHT? MR. SMITH: I AM NOT AWARE OF A SINGLE AMERICAN SOLDIER EVER

Jack Smith, Former Special Counsel61:22BEING PROSECUTED BY THE INTERNATIONAL CRIMINAL COURT. SEN. KENNEDY: I SAID THEY'VE

John Kennedy, U.S. Senator61:27BEEN THREATENED. MR. SMITH: I CAN TELL YOU DURING

Jack Smith, Former Special Counsel61:29MY TIME AT THE COURT, WHICH WAS A SHORT PERIOD OF TIME, IT WAS ABOUT A YEAR AND A HALF, I DON'T RECALL ANY THREATS TO PROSECUTE AMERICAN SOLDIERS, I DON'T. SEN. KENNEDY: YOU DON'T GET AROUND MUCH, DO YOU?

John Kennedy, U.S. Senator61:50WHEN PRESIDENT TRUMP DEFEATED SECRETARY CLINTON, YOU WERE BITTERLY DISAPPOINTED, WEREN'T YOU? MR. SMITH: I DON'T RECALL THAT. SEN. KENNEDY: YOU DON'T RECALL

Jack Smith, Former Special Counsel62:01AT ALL?

John Kennedy, U.S. Senator62:06MRS. SMITH WAS, WASN'T SHE? MR. SMITH: I'M NOT GOING TO TALK ABOUT MY FAMILY.

Jack Smith, Former Special Counsel62:12ALL I CAN SHARE IS THAT I ACCEPTED A POSITION IN THE TRUMP ADMINISTRATION AS THE ACTING U.S. ATTORNEY IN TENNESSEE AFTER THAT ELECTION, AND THEN I ACCEPTED A SECOND POSITION IN THE TRUMP ADMINISTRATION AS A WAR CRIMES PROSECUTOR.

Jack Smith, Former Special Counsel62:12SEN. KENNEDY KEVIN: YOUR SPOUSE,

John Kennedy, U.S. Senator62:29IT'S CERTAINLY HER RIGHT, I'M NOT BEING CRITICAL, IS AN ARDENT SUPPORTER OF PRESIDENT FIRST LADY OBAMA, IS THAT RIGHT? MR. SMITH: I'M NOT GOING TO TALK ABOUT MY FAMILY HERE TODAY.

Jack Smith, Former Special Counsel62:42I'M HERE TO TALK ABOUT MY WORK AS SPECIAL COUNSEL. SEN. KENNEDY: IN FACT, SHE MADE

John Kennedy, U.S. Senator62:50A GLOWING, SWEET DOCUMENTARY ABOUT FIRST LADY OBAMA, DIDN'T SHE? THAT SHE SOLD TO NETFLIX? MR. SMITH: I'M NOT GOING TO SPEAK ABOUT MY FAMILY HERE

Jack Smith, Former Special Counsel63:03TODAY. I'M HAPPY, THOUGH, TO ANSWER MY QUESTIONS YOU HAVE ABOUT ANY ACTUAL WORK AS SPECIAL COUNSEL. SEN. KENNEDY: YOU ASKED GARLAND

John Kennedy, U.S. Senator63:20TO APPOINT YOU SPECIAL COUNSEL, DIDN'T YOU? MR. SMITH: I DON'T THINK THAT'S ACCURATE.

Jack Smith, Former Special Counsel63:23HE MADE THE DECISION TO APPOINT ME. SEN.

John Kennedy, U.S. Senator63:26IN FACT, YOU HAD PEOPLE CALL GENERAL GARLAND TO LOBBY HIM TO APPOINT YOU, DIDN'T YOU? MR. SMITH: I DON'T RECALL ANYTHING LIKE THAT.

Jack Smith, Former Special Counsel63:39SEN. KENNEDY: YOU REALLY WANTED

John Kennedy, U.S. Senator63:42TO BE SPECIAL COUNSEL, DIDN'T YOU? MR. SMITH: I ACCEPTED THE POSITION AS SPECIAL COUNSEL

Jack Smith, Former Special Counsel63:50BECAUSE I SPENT 30 YEARS AS A NONPARTISAN PROSECUTOR. I HAD INVESTIGATED EVERY SORT OF CRIMINAL CASE YOU COULD POSSIBLY IMAGINE. I THOUGHT I WAS QUALIFIED TO DO THE JOB. I KNEW THAT I WOULD DO IT INDEPENDENTLY, AND I WOULD CONDUCT IT THE SAME WAY, WHETHER IT WERE A REPUBLICAN OR A DEMOCRAT.

Jack Smith, Former Special Counsel63:50SEN.

John Kennedy, U.S. Senator64:11YOU REALLY WANTED PRESIDENT BIDEN TO BE RE-ELECT, DIDN'T YOU? MR. SMITH: I HAVE NO VIEWS ABOUT THAT.

Jack Smith, Former Special Counsel64:21MY JOB AS A PROSECUTOR WAS TO ENFORCE THE LAW. I WANTED TO PROSECUTE OUR CASE. THAT'S ABSOLUTELY TRUE. BECAUSE I FELT THAT WE HAD PROOF BEYOND A REASONABLE DOUBT. SEN. KENNEDY: I GOT THAT PART.

John Kennedy, U.S. Senator64:39WHEN YOU DECIDED TO PROSECUTE PRESIDENT TRUMP TRUMP, YOU TOLD JUDGE, YOU TOLD GENERAL GARLAND, IS THAT RIGHT? MR. SMITH: THERE WERE TWO SEPARATE DECISIONS, ONE IN THE

Jack Smith, Former Special Counsel64:57CLASSIFIED DOCUMENTS CASE AND ONE IN THE ELECTIONS CASE. IN BOTH INSTANCES, ONCE I DETERMINED -- SEN. KENNEDY: I'M SORRY,

John Kennedy, U.S. Senator65:06COUNSELOR, I DON'T MEAN TO BE RUDE, BUT YOU KNOW I'VE GOT 10 MINUTES, AND YOU'VE BEEN AROUND. PLEASE DON'T FILIBUSTER ME. I ASKED A SIMPLE QUESTION. DID YOU TELL THE ATTORNEY GENERAL OF THE UNITED STATES THAT YOU WERE GOING TO PROSECUTE FORMER PRESIDENT OF THE UNITED STATES?

John Kennedy, U.S. Senator65:07MR. SMITH: I DID SO TWICE. SEN. KENNEDY: OK.

Jack Smith, Former Special Counsel65:26AND THE ATTORNEY GENERAL CHECKED

John Kennedy, U.S. Senator65:28WITH PRESIDENT BIDEN, IS THAT RIGHT? MR. SMITH: I HAVE ABSOLUTELY NO IDEA.

Jack Smith, Former Special Counsel65:34SEN. KENNEDY: WELL, YOU KNOW

John Kennedy, U.S. Senator65:37GENERAL GARLAND, RIGHT? MR. SMITH: I KNOW ATTORNEY GENERAL GARLAND IN A

Jack Smith, Former Special Counsel65:42PROFESSIONAL SETTING. SEN.

John Kennedy, U.S. Senator65:43IS HE A SMART GUY? MR. SMITH: I KNOW HIM IN A PROFESSIONAL SETTING, AND IN

Jack Smith, Former Special Counsel65:48THAT SETTING I FOUND HIM -- SEN. KENNEDY: IS HE AN

John Kennedy, U.S. Senator65:50EXPERIENCED GUY? MR. SMITH: IN A PROFESSIONAL SETTING, I FOUND HIM TO BE

Jack Smith, Former Special Counsel65:54EXPERIENCED AND INTELLIGENT. SEN. KENNEDY: IS HE A DUMMY?

John Kennedy, U.S. Senator66:00MR. SMITH: THAT WAS NOT MY EXPERIENCE.

Jack Smith, Former Special Counsel66:02SEN. KENNEDY: YEAH, MINE

John Kennedy, U.S. Senator66:03NEITHER. SO YOU'RE TELLING ME THAT YOU'RE ABOUT TO PROSECUTE A FORMER PRESIDENT OF THE UNITED STATES, FIRST TIME IN HISTORY, NOT ONLY THAT YOU'RE ABOUT TO PROSECUTE A FORMER PRESIDENT OF THE UNITED STATES WHO'S ALSO THE CURRENT OPPONENT OF JUDGE GARLAND'S BOSS.

John Kennedy, U.S. Senator66:04AND YOU TOLD JUDGE GARLAND, HERE'S WHAT I'M ABOUT TO DO. AND YOU DON'T THINK HE CHECKED WITH PRESIDENT BIDEN? TO SEE IF IT WAS OK? MR. SMITH: I HAVE NO IDEA WHAT HE DID.

Jack Smith, Former Special Counsel66:45MY JOB AS A PROSECUTOR ON THE SPECIAL COUNSEL REGULATIONS WAS TO MAKE AN INDEPENDENT DECISION, AND ATTORNEY GENERAL GARLAND COULD HAVE MANNEDDED THAT DECISION, BUT I MADE THAT DECISION ON MY OWN, CONSULTING WITH MY STAFF, AND REVIEWING THE INCREDIBLY STRONG EVIDENCE THAT WE ACCURATE.

Jack Smith, Former Special Counsel66:45SEN. KENNEDY: IN FACT, PRESIDENT

John Kennedy, U.S. Senator67:05BIDEN AND/OR HIS WHITE HOUSE STAFF TOLD GENERAL GARLAND TO PROSECUTE THE PRESIDENT, DIDN'T HE? MR. SMITH: AGAIN, I HAVE NO IDEA ABOUT THAT.

Jack Smith, Former Special Counsel67:16WHAT MY JOB WAS -- SEN.

John Kennedy, U.S. Senator67:18DON'T KNOW ANYTHING ABOUT THAT. DO YOU BELIEVE IN THE TOOTH FAIRY? MR. SMITH: I DO NOT. SEN. KENNEDY: HOW ABOUT THE

Jack Smith, Former Special Counsel67:25EASTER BUNNY?

John Kennedy, U.S. Senator67:27MR. SMITH: I NO LONGER BELIEVE IN THE EASTER BUNNY.

Jack Smith, Former Special Counsel67:31SEN. KENNEDY: DO YOU THINK JIMMY

John Kennedy, U.S. Senator67:33HOFFA DIED OF NATURAL CAUSES? MR. SMITH: I DO NOT. SEN. KENNEDY: NOW, YOU SOUGHT

Jack Smith, Former Special Counsel67:41THE PHONE RECORDS OF A BUNCH OF

John Kennedy, U.S. Senator67:43U.S. SENATORS, RIGHT? MR. SMITH: WE SOUGHT THE TOLL RECORDS, NONCONTENT RECORDS.

Jack Smith, Former Special Counsel67:53SEN. KENNEDY: ANY DEMOCRATS OR JUST REPUBLICANS?

John Kennedy, U.S. Senator67:56MR. SMITH: IF PRESIDENT TRUMP HAD REACHED OUT TO DEMOCRATS --

Jack Smith, Former Special Counsel68:00SEN. KENNEDY: I'M JUST TRYING TO

John Kennedy, U.S. Senator68:02GET THE FACTS. WERE THERE ANY DEMOCRATS YOU SOUGHT THE PHONE RECORDS? JUST REPUBLICANS, RIGHT? MR. SMITH: THE TOLL RECORDS THAT WE SOUGHT WERE RELEVANT TO THE

Jack Smith, Former Special Counsel68:11INVESTIGATION, AND THEY WERE REPUBLICANS. SEN. KENNEDY: I'M ASKING YOU.

John Kennedy, U.S. Senator68:15YOU STALLED ME AGAIN, COUNSELOR, YOU KNOW THAT. YOU SOUGHT JUST THE RECORDS OF REPUBLICANS. AND YOU KNEW THAT VIOLATED THE SPEECH AND DEBATE CLAUSE, DIDN'T YOU? MR. SMITH: THAT IS INCORRECT. WE SOUGHT TO COMPLY --

Jack Smith, Former Special Counsel68:29SEN. KENNEDY: DID YOU TAKE IT?

John Kennedy, U.S. Senator68:31MR. SMITH: I'M SORRY? SEN. KENNEDY: WERE YOU IN THE

Jack Smith, Former Special Counsel68:35QUAD PLAYING FRISBEE DURING CON

John Kennedy, U.S. Senator68:38LAW IN HARVARD LAW SCHOOL? MR. SMITH: I DID TAKE CONSTITUTIONAL LAW, YES.

Jack Smith, Former Special Counsel68:43SEN. KENNEDY: THEN YOU HAD TO KNOW IT VIOLATED THE

John Kennedy, U.S. Senator68:46SPEECH DEBATE CLAUSE. IN FACT, WHEN YOU WENT TO JUDGE BOSBERG, YOU DID NOT EVEN TELL HIM YOU WERE SEEKING THE PHONE RECORDS OF MEMBERS OF CONGRESS, DID YOU? BECAUSE YOU KNEW HE WOULDN'T AGREE.

John Kennedy, U.S. Senator68:46HE WOULD SAY, HEY, COUNSELOR, ANYBODY WHO KNOWS A LAW BOOK FROM A J. CREW CATALOGUE KNOWS THIS VIOLATES THE CONSTITUTION. BUT YOU DIDN'T TELL HIM, DID YOU? MR. SMITH: WE SOUGHT NONDISCLOSURE ORDERS.

Jack Smith, Former Special Counsel69:17SEN. KENNEDY: YOU DIDN'T TELL

John Kennedy, U.S. Senator69:18HIM, DID YOU? MR. SMITH: IN SEEKING NONDISCLOSURE ORDERS, WE DID

Jack Smith, Former Special Counsel69:22NOT. SEN. KENNEDY: BUT YOU'RE

John Kennedy, U.S. Senator69:23UNBIASED. YOU HAVE NO PERSONAL FEELING. YOU MAKE ME WANT TO THROW UP IN MY MOUTH. SEN.

Dick Durbin, U.S. Senator69:35MR. CHAIRMAN. I'D LIKE TO SAY A WORD. THIS HEARING IS OF CONSTITUTIONAL AND HISTORIC IMPORTANCE. THIS WITNESS SHOULD BE ALLOWED TO ANSWER THE QUESTIONS, COMPLETE A SENTENCE. WE HAVE GIVEN THAT COURTESY TO WITNESSES FROM BOTH POLITICAL PARTIES, AND IT SHOULD BE EXTENDED TO MR. SMITH.

Dick Durbin, U.S. Senator69:42CHAIR GRASSLEY: TIME'S UP.

Chuck Grassley, Chair, Senate Judiciary Committee69:58SEN. KENNEDY: I'D ALSO LIKE, WITH RESPECT, FOR THE CHAIRMAN

John Kennedy, U.S. Senator70:04TO INSTRUCT THE WITNESS, HE'S NOT BAMBI'S BABY BROTHER, OK? HE'S BEEN AROUND. EVERYBODY KNOWS. HE WAS FAMOUS OR INFAMOUS EVEN BEFORE HE WAS HIRED TO PROSECUTE PRESIDENT TRUMP. AND I'D LIKE HIM TO EEN STRUCTURE HIM NOT TO FILIBUSTER.

John Kennedy, U.S. Senator70:04CHAIR GRASSLEY: BEFORE I CALL ON

Chuck Grassley, Chair, Senate Judiciary Committee70:27SENATOR COONS, WITHOUT OBJECTION I WILL ENTER IT INTO THE FEDERAL RECORD, EMPLOYEE PAYROLL RECORDS FOR CONSERVATIVE ENTITY WHERE JACK SMITH'S TEAM OBTAINED THE PERSONAL AND PAY INFORMATION FOR EVERY EMPLOYEE ON STAFF. THAT INCLUDES MONTHLY TAX AND HEALTH INSURANCE PAYMENTS.

Chuck Grassley, Chair, Senate Judiciary Committee70:28SENATOR COONS. SEN.

John Kennedy, U.S. Senator70:50I'D ALSO LIKE TO ENTER INTO THE RECORD MRS. SMITH'S DOCUMENTARY ABOUT FORMER FIRST LADY OBAMA. CHAIR GRASSLEY: WITHOUT

Chuck Grassley, Chair, Senate Judiciary Committee71:01OBJECTION. SEN. KENNEDY: IT'S CALLED

John Kennedy, U.S. Senator71:05"BECOMING." SEN. COONS: THANK YOU, MR. SMITH, FOR YOUR TESTIMONY,

Chris Coons, U.S. Senator71:07FOR YOUR SERVICE TO OUR GOVERNMENT, AND YOUR DECADES OF WORK SUPPORTING OUR CONSTITUTIONAL ORDER. I APPRECIATE YOU BEING HERE TODAY TO TESTIFY. IT'S SOMETHING YOU HAVE LONG OFFERED TO DO, SOMETHING THE RANKING MEMBER AND MY COLLEAGUES ON THIS SIDE OF THE DAIS HAVING CAN BE FOR MORE ALMOST A YEAR.

Chris Coons, U.S. Senator71:07I WANT TO BE VERY CLEAR ABOUT WHY WE ARE HERE TODAY. CENTRALLY, IT'S THE EVENTS OF JANUARY 6, 2021. I WAS HERE THAT DAY. AS WERE MANY OF MY COLLEAGUES ON BOTH SIDES OF THE DAIS.

Chris Coons, U.S. Senator71:07ON THAT DAY, ARMED INSURRECTIONISTS POURED INTO THE HALLS OF THIS CAPITOL COMPLEX, LOOKING FOR MEMBERS OF CONGRESS, ASSAULTING MORE THAN 100 LAW ENFORCEMENT OFFICERS, AND SEEKING TO OVERTURN THE RESULTS OF A FREE AND FAIR ELECTION.

Chris Coons, U.S. Senator71:52THEY ASSAULTED MEMBERS OF THE CAPITOL POLICE, LIKE THOSE WHO ARE WITH US TODAY, AND LIKE A FRIEND OF MINE, FORMER CAPITOL POLICE OFFICER HOWIE LEVINGOODE. THEY WERE DOING SO AT THE DIRECTION AND ENCOURAGEMENT OF ONE MAN, PRESIDENT DONALD TRUMP.

Chris Coons, U.S. Senator71:52YOU, MR. SMITH, WERE LATER CHARGED WITH INVESTIGATING WHETHER ANYONE INTERFERED WITH THE PEACEFUL TRANSFER OF POWER THAT DAY OR IN THE WEEKS AFTER THE 2020 ELECTION, INCLUDING THE THEN-FORMER PRESIDENT. THIS WAS NOT AN ASSIGNMENT YOU SOUGHT OUT.

Chris Coons, U.S. Senator71:52YOU WERE A PRIVATE CITIZEN AT THE TIME, BUT YOU ACCEPTED THIS REQUEST TO SERVE YOUR COUNTRY. AND YOU SERVED WITH DISTINCTION. YOU AND YOUR TEAM UNCOVERED AN UNPRECEDENTED, COORDINATED EFFORT TO OBSTRUCT THE PEACEFUL TRANSFER OF POWER FOLLOWING THE PRESIDENTIAL ELECTION.

Chris Coons, U.S. Senator72:38THE CREATION AND PRESENTMENT OF FAKE SLATE OF STATE ELECTORS, KNOWINGLY FALSE CLAIMS OF ELECTION FRAUD REPEATEDLY REJECT BY FEDERAL COURTS ACROSS OUR NATION, AND ULTIMATELY A MOB SENT TO ATTACK THE CAPITOL TO INTERFERE WITH THE PEACEFUL TRANSFER OF POWER THROUGH THE CERTIFICATION OF AN ELECTION.

Chris Coons, U.S. Senator72:38TWICE FEDERAL GRAND JURIES AGREED WITH YOU THAT THERE WAS SUFFICIENT EVIDENCE TO BRING FEDERAL CHARGES AGAINST THE THEN-FORMER PRESIDENT FOR HIS ROLE IN THATTENING SENIOR EKES. BUT THAT WASN'T ALL. YOUR TEAM ALSO DISCOVERED FORMER PRESIDENT TRUMP HID DOZENS OF CLASSIFIED DOCUMENTS AT MAR-A-LAGO, AND WHEN THIS ISSUE WAS RAISED WITH HIM, TRIED TO HIDE THEM RATHER THAN RETURN THEM.

Chris Coons, U.S. Senator73:23OUR NATION'S MOST SENSITIVE NUCLEAR AND MILITARY SECRETS STASHED IN A BATHROOM AND IN A BALLROOM. AGAIN, A FEDERAL GRAND JURY AGREED THERE WAS SUFFICIENT EVIDENCE TO BRING CHARGES, MORE THAN THREE DOZEN COUNTS. AND YOU YOUR TEAM CHOSE TO PURSUE JUSTICE.

Chris Coons, U.S. Senator73:23AND I'M SORRY TO SAY, SOME OF MY REPUBLICAN COLLEAGUES HAVE MADE YOU PAY PERSONALLY FOR THAT, SPREADING CONSPIRACY THEORIES ABOUT YOUR WORK, CALLING YOUR REPUTATION FOR FAIRNESS INTO QUESTION, BUT PRESIDENT TRUMP HAS GONE FURTHER.

Chris Coons, U.S. Senator73:23HE CARRIED OUT MASS FIRINGS OF MEN AND WOMEN AT THE JUSTICE DEPARTMENT, PROSECUTORS, AND F.B.I. AGENTS ASSIGNED TO ASSIST IN YOUR INVESTIGATION, NONPOLITICAL GOVERNMENT SERVANTS WHO LOST THEIR JOBS, SAW THEIR CAREERS DESTROYED FOR BEING ASKED TO STAND UP FOR THE RULE OF LAW.

Chris Coons, U.S. Senator74:09IN ONE OF HIS FIRST ACTIONS WHEN RE-ELECTED WAS TO ISSUE SWEEPING PERIOD FOR EVERYONE CONVICTED OF THEIR ACTIONS ON JANUARY 6, INCLUDING MANY WHO ASSAULTED LAW ENFORCEMENT OFFICERS. I AM GRATEFUL THAT CHAIRMAN GRASSLEY HAS SCHEDULED THIS HEARING, AND I APPRECIATE YOUR CANDIDNESS TODAY.

Chris Coons, U.S. Senator74:09OUR RESPONSIBILITY IS STRAIGHT FORWARD. TO PROTECT THE INDEPENDENCE OF THE JUSTICE DEPARTMENT, DEFEND THE RULE OF LAW, AND MAKE SURE THAT ALL PRESIDENTS, REPUBLICAN OR DEMOCRAT, ARE ACCOUNTABLE TO OUR PEOPLE. MR. SMITH, CAN YOU EXPLAIN HOW YOU STAFFED YOUR TEAM?

Chris Coons, U.S. Senator74:09DID YOU WORK WITH RANK-AND-FILE LINE PROSECUTORS AND AGENTS? AND WHAT HAPPENED TO THE MEMBERS OF YOUR TEAM AFTER PRESIDENT TRUMP RETURNED TO THE WHITE HOUSE? MR. SMITH: MY TEAM WAS COMPOSED OF CAREER PROSECUTORS, PEOPLE

Jack Smith, Former Special Counsel75:04WHO HAD SPENT THEIR LIVES IN SERVICE OF THIS COUNTRY. THE PROSECUTORS AND AGENTS ON MY TEAM, MANY OF THEM VETERANS, ARE PEOPLE WHO DEVOTED THEMSELVES TO PUBLIC SERVICE. MANY OF THEM HAD EXPERTISE IN INVESTIGATING COMPLEX CRIMINAL MATTERS.

Jack Smith, Former Special Counsel75:04THOSE PEOPLE, AS I THINK WE ALL KNOW, HAVE BEEN FIRED ILLEGALLY FOR DOING THEIR JOBS. AND THEIR FIRING IS SOMETHING THAT, IN MY VIEW, IS UNFAIR TO THEM, BUT IT MAKES OUR COUNTRY LESS SAFE.

Jack Smith, Former Special Counsel75:04THESE ARE PEOPLE WHO STOOD CENTURY FOR US, EXPERTS IN NATIONAL SECURITY, EXPERTS IN CORRUPTION INVESTIGATIONS WHO WERE SIMPLY FIRED BECAUSE THEY WORKED ON THE WRONG CASE. THAT IS NEVER HAPPENED IN MY CAREER. I HAVE NEVER SEEN ANYTHING REMOTELY LIKE IT IN ANY REPUBLICAN OR DEMOCRATIC ADMINISTRATION.

Jack Smith, Former Special Counsel75:50SEN.

Chris Coons, U.S. Senator76:02IN YOUR TIME AS SPECIAL COUNSEL, DID THEN-PRESIDENT BIDEN OR ATTORNEY GENERAL GARLAND EVER TRY TO INFLUENCE YOUR DECISION MAKING AND YOUR ACTIONS AS SPECIAL COUNSEL? MR. SMITH: NO. SEN. COONS: WHAT SORT OF

Jack Smith, Former Special Counsel76:15SAFEGUARDS WERE IN PLACE TOEN

Chris Coons, U.S. Senator76:15SURE THAT YOUR INVESTIGATIVE EFFORTS AS SPECIAL COUNSEL WERE SHIELDED FROM PARTISAN POLITICS AND INDEPENDENCE? MR. SMITH: FIRST, IT'S THE APPOINTMENT AS SPECIAL COUNSEL.

Jack Smith, Former Special Counsel76:32IT IS DEFINED BETWEEN THE SPECIAL COUNSEL AND ATTORNEY GENERAL, AND I WAS BROUGHT IN TO MAKE AN INDEPENDENT DECISION IN THIS CASE. I THINK ANYBODY WHO HAS WORKED WITH ME AND KNOWS ME DURING THE COURSE OF MY CAREER KNOWS THAT I WOULD NOT LET POLITICS PLAY A ROLE, AND I WOULD JUST ADD THAT IF YOU KNEW THE PEOPLE I WORKED WITH, THEY WOULD NOT EITHER.

Jack Smith, Former Special Counsel76:32SEN. COONS: YOU'VE BEEN ACCUSED OF TARGETING REPUBLICANS

Chris Coons, U.S. Senator76:57THROUGHOUT YOUR INVESTIGATION. MY UNDERSTANDING IS YOU WORKED EXTENSIVELY WITH REPUBLICANS DURING YOUR INVESTIGATION. CAN YOU SAY MORE ABOUT THAT? WAS IT IMPORTANT FOR YOU TO SPEAK WITH AND WORK WITH REPUBLICANS DURING YOUR INVESTIGATION INTO THE INCIDENTS OF JANUARY 6 AND THE TRANSFER OF POWER AFTER THE 2020 ELECTION?

Chris Coons, U.S. Senator76:57MR. SMITH: THE CRIMINAL SCHEME WE INVESTIGATED WAS PREDICATED

Jack Smith, Former Special Counsel77:24UPON DONALD TRUMP PREYING ON PARTY LOYALTY. HE PREYED ON PARTY LOYALTY AND FEAR. FEAR THAT HE COULD FORCE PEOPLE TO DO THINGS. THE REALITY IS ONE OF THE REASONS OUR DEMOCRACY HELD UP, ONE OF THE REASONS HE WAS NOT ABLE TO TAKE POWER, EVEN THOUGH HE WAS SEEKING TO DO THESE THINGS, IS BECAUSE REPUBLICANS STOOD UP.

Jack Smith, Former Special Counsel77:24OUR WITNESSES, THE STRONGEST WITNESSES, WOULD HAVE BEEN REPUBLICAN MEMBERS OF CONGRESS. I PERSONALLY FIND IT VERY HARD TO UNDERSTAND HOW OUR INVESTIGATION CAN BE VIEWED AS PARTISAN, WHEN THE STRONGEST WITNESSES, THE PEOPLE WHO WERE THE DIFFERENCE BETWEEN THE RULE AND LAW STANDING AND NOT IN OUR CASE WERE REPUBLICANS, PEOPLE LIKE RUSTY BOWERS IN ARIZONA, PEOPLE LIKE MIKE PENCE, WHO DID THE RIGHT THING AND PUT THE INTEREST OF THE COUNTRY OVER THE PERSONAL INTEREST OF DONALD TRUMP.

Jack Smith, Former Special Counsel78:09I JUST DON'T UNDERSTAND HOW AN INVESTIGATION PREDICATED ON WITNESSES LIKE THAT CAN BE PARTISAN. SEN.

Chris Coons, U.S. Senator78:30MR. SMITH, WHAT SIGNAL DO YOU THINK IT SENDS THAT PRESIDENT TRUMP WHEN HE WAS RE-ELECTED CARRIED OUT MASS FIRINGS OF CAREER NONPARTISAN PROSECUTORS? WHAT MESSAGE DO YOU THINK THAT SENT TO AMERICANS INTERESTED IN RAISING THEIR HANDS TO SERVE THEIR NATION OR TO LAW ENFORCEMENT, PROSECUTORS, JUDGES THROUGHOUT OUR SYSTEM OF LAW?

Chris Coons, U.S. Senator78:33MR. SMITH: I THINK THE MESSAGE IT SENDS IS THAT PUBLIC SERVANTS

Jack Smith, Former Special Counsel78:57WILL NOT BE PROTECTED, AND IF WE CANNOT PROTECT PUBLIC SERVANTS WHO ENFORCE THE RULE OF LAW WITHOUT FEAR OR FAVOR, THE JUSTICE DEPARTMENT CANNOT WORK, AND IT CANNOT HAVE CREDIBILITY. THAT IS WHY WE HAVE SEEN THE EROSION OF THE CREDIBILITY OF THE DEPARTMENT IN COURTS ACROSS THIS COUNTRY.

Jack Smith, Former Special Counsel78:57IT'S IMPORTANT, I BELIEVE, INCREDIBLY IMPORTANT TO PROTECT PUBLIC SERVANTS IF WE WANT TO HAVE A RULE OF LAW THAT WORKS. SEN. COONS: I WANT TO FOCUS MY

Chris Coons, U.S. Senator79:24LAST FEW MINUTES ON NONDISCLOSURE ORDERS. THE SPECIAL COUNSEL'S INVESTIGATION INTO UNPRECEDENTED EFFORTS TO UNTURN A PRESIDENTIAL ELECTION WAS LAWFUL AND NECESSARY. I WANT YOU TO BRIEFLY WALK ME THROUGH THE PROCESS BY WHICH YOU OBTAINED NONDISCLOSURE ORDERS FOR THE TOLL RECORDS OF MEMBERS OF CONGRESS, THESE TYPES OF N.D.O.

Chris Coons, U.S. Senator79:26REQUESTS ARE FAIRLY TYPICAL IN D.O.J. INVESTIGATIONS, AND YOUR N.D.O. REQUESTS WERE FULLY COMPLIANT WITH THE JUSTICE DEPARTMENT POLICY AT THE TIME. IS THAT CORRECT? MR. SMITH: THAT IS CORRECT. AND WE HAD, IN MY VIEW, AN AMPLE

Jack Smith, Former Special Counsel79:58LEGAL BASIS TO SEEK NONDISCLOSURE ORDERS IN THIS CASE. SEN.

Chris Coons, U.S. Senator80:02IN FACT, THE SAME THING HAPPENED TO DEMOCRATIC MEMBERS OF CONGRESS DURING THE FIRST TRUMP ADMINISTRATION, CONFIRMED BY A 2024D.O.J. I.G. REPORT, IS THAT CORRECT? MR. SMITH: I BELIEVE THAT'S CORRECT.

Jack Smith, Former Special Counsel80:13THE THING THAT WAS UNIQUE TO OUR CASE IS THE EXTREME CONCERN OVER OBSTRUCTION OF OUR INVESTIGATION. INTIMIDATION OF WITNESSES, DESTRUCTION OF EVIDENCE, AND INTERFERENCE WITH THE INTEGRITY OF THE INVESTIGATION BY DONALD TRUMP AND HIS CO-CONSPIRATORS.

Jack Smith, Former Special Counsel80:13SEN. COONS: MY REPUBLICAN

Chris Coons, U.S. Senator80:34COLLEAGUES, INCLUDING SOME LONG-TIME FRIENDS, HAVE TRIED TO SUGGEST THERE WAS SOMETHING WRONG WITH YOUR DECISION TO OBTAIN NONDISCLOSURE ORDERS DURING YOUR INVESTIGATION. I BELIEVE THE GOVERNMENT BAR MAY BE TOO LOW, AND THAT GOVERNMENT REQUESTS FOR SECRECY ARE TOO OFTEN GRANTED.

Chris Coons, U.S. Senator80:36MY N.D.O. FAIRNESS ACT WITH SENATOR MIKE LEE WOULD ENSURE N.D.O.'S ARE ONLY ISSUED IN CIRCUMSTANCES REQUIRING SECRECY IN A WAY THAT WOULD BETTER PROTECT ALL AMERICANS, INCLUDING MEMBERS OF CONGRESS. THIS BILL HAS ALREADY PASSED THE HOUSE BY VOICE VOTE.

Chris Coons, U.S. Senator80:36THE CONSTITUTION PROTECTS AMERICANS ANTICIPATE RIGHT TO PRIVACY IN A PERSONAL COMMUNICATIONS, BUT WE CAN ONLY ASSERT THAT RIGHT IF WE KNOW OUR PRIVACY HAS BEEN VIOLATED. I'M NOT SUGGESTING YOU'VE DONE ANYTHING WRONG. I'M JUST SUGGESTING THAT IF I HAVE COLLEAGUES WHO WERE ENRAGED BY YOUR LEGAL AND APPROPRIATE AND TIMELY PURSUIT OF N.D.O.'S, THERE'S SOMETHING WE CAN AND SHOULD DO ABOUT IT.

Chris Coons, U.S. Senator81:21YOU SAID IN YOUR OPENING THAT WHILE FEAR MAY BE CONTAGIOUS, COURAGE IS AS WELL. I WANT TO THANK YOU FOR YOUR COURAGE, FOR STANDING UP TO RELENTLESS, BIASED ATTACKS ON YOU AND YOUR FAMILY, FOR GROUNDLESS CONSPIRACY THEORIES, AND FOR, FRANKLY, THE SHOCKING LACK OF FORCEFULLEN GAUGEMENT BY MY COLLEAGUES TO DEFEND THE RULE OF LAW IN THE FACE OF ONE OF THE MOST CHALLENGING, TREACHEROUS MOMENTS IN OUR DEMOCRACY'S HISTORY, THE ASSAULTS ON THIS CAPITOL AND OUR CONSTITUTION OF JANUARY 6.

Chris Coons, U.S. Senator81:21THANK YOU, MR. SMITH. CHAIR GRASSLEY: WITHOUT OBJECTION, I'LL INTERVIEW THE

Chuck Grassley, Chair, Senate Judiciary Committee82:08RECORD EMAILS SHOWING THE DEPARTMENT OF JUSTICE IS LOOKING FOR PREDICATION SO THEY COULD OPEN A CLASSIFIED DOCUMENT CASE AGAINST PRESIDENT TRUMP. WITHOUT OBJECTION. SEN.

Eric Schmitt, U.S. Senator82:22YOU USED TO LEAD THE PUBLIC INTEGRITY SECTION AT D.O.J., IS THAT CORRECT? MR. SMITH: YES, SIR. SEN. SCHMITT: YOU TOLD SENATOR

Jack Smith, Former Special Counsel82:31DURBIN YOU WORKED CLOSELY WITH

Eric Schmitt, U.S. Senator82:32THEM ON GETTING THE TOLL RECORDS OF MEMBERS OF CONGRESS, IS THAT CORRECT? MR. SMITH: I DIRECTED MY STAFF TO CONSULT WITH THEM AND SEEK

Jack Smith, Former Special Counsel82:41THEIR APPROVAL WITH REGARDS TO THE TOLL RECORDS WE SOUGHT. SEN. SCHMITT: YOU SAID YOU

Eric Schmitt, U.S. Senator82:47FOLLOWED THEIR RECOMMENDATION, CORRECT? MR. SMITH: I BELIEVE WHAT I SAID IS THAT I ASKED MY STAFF TO

Jack Smith, Former Special Counsel82:54CONSULT WITH THEM AND SEEK THEIR APPROVAL. MY UNDERSTANDING IS THAT THE PUBLIC INTEGRITY SECTION DID, IN FACT, APPROVE THESE. SEN. SCHMITT: IN YOUR TIME AS SPECIAL COUNSEL DID YOU ALWAYS

Eric Schmitt, U.S. Senator83:07FOLLOW THEIR ADVICE? MR. SMITH: IN MY TIME AS SPECIAL COUNSEL?

Jack Smith, Former Special Counsel83:11SEN. SCHMITT: CORRECT. MR. SMITH: WHAT I DID SASH

Eric Schmitt, U.S. Senator83:17SEN. SCHMITT: YES OR NO WOULD BE

Jack Smith, Former Special Counsel83:19SUFFICIENT.

Eric Schmitt, U.S. Senator83:19I DON'T HAVE A TON OF TIME. I KNOW WHAT YOU'RE DOING. MR. SMITH: WE CONSULTED WITH

Jack Smith, Former Special Counsel83:23THEM. WE'RE REQUIRED BY DEPARTMENT REGULATIONS. AND THEY HAD APPROVAL OF CERTAIN CHARGES. THEY HAD APPROVAL. SEN.

Eric Schmitt, U.S. Senator83:31WAS THERE A TIME YOU DID NOT FOLLOW THEIR ADVISOR WENT AGAINST THEIR ADVICE? MR. SMITH: I CAN'T THINK OF ONE AS WE SIT HERE NOW.

Jack Smith, Former Special Counsel83:42SEN. SCHMITT WHY? AUGUST OF 2024, YOU WERE ADVISED NOT TO FILE AN INDICTMENT BY THE PUBLIC INTEGRITY SECTION, IS THAT CORRECT? MR. SMITH: IN AUGUST OF 2024? SEN. SCHMITT: CORRECT. MR. SMITH: I DISAGREE.

Eric Schmitt, U.S. Senator83:57SEN. SCHMITT: YOU MAY NOT KNOW

Jack Smith, Former Special Counsel83:58THIS, BUT WE HAVE A READOUT OF

Eric Schmitt, U.S. Senator84:00YOUR PHONE CALL WITH THE PUBLIC INTEGRITY SECTION WHERE THEY EXPLICITLY TOLD YOU IN VIOLATION OF THE 60-DAY RULE YOU SHOULDN'T FILE THE SUPERSEDING INDICTMENT THAT CLOSE TO ELECTION. NOW DO YOU RECALL THAT ADVICE YOU IGNORED?

Eric Schmitt, U.S. Senator84:00MR. SMITH: WHAT YOU STATED IS INACCURATE, AND I'M HAPPY TOP

Jack Smith, Former Special Counsel84:15CLEAR IT UP. SEN. SCHMITT: I HAVE THE

Eric Schmitt, U.S. Senator84:18HIGHLIGHTED VERSION OF THE MEMO OF THE READOUT WITH THE PHONE CALL WITH THE PUBLIC INTEGRITY SECTION, AND I WOULD REMINDING YOU, MR. SMITH, YOU ARE UNDER OATH. SO IS IT YOUR TESTIMONY THAT THEY DID NOT ADVISE YOU TO NOT FILE THE SUPERSEDING INDICTMENT THAT CLOSE TO THE ELECTION?

Eric Schmitt, U.S. Senator84:19MR. SMITH: WE CONSULTED WITH THE PUBLIC INTEGRITY ABOUT FILING A

Jack Smith, Former Special Counsel84:39SUPERSEDING INDICTMENT. THERE WERE MULTIPLE DRAFTS OF THE INDICTMENT THAT WENT BACK AND FORTH. THE FIRST DRAFT THAT WE SUBMITTED, THEY DID NOT APPROVE APPROVE. SUBSEQUENT TO THAT, THERE WAS A DRAFT THAT WE SUBMITTED THAT THEY DID APPROVE, AND IS THE PUBLIC INTEGRITY SECTION, TO BE VERY CLEAR, SENATOR, CONCURRED THAT WE FOLLOWED THE ELECTION SENSITIVITY POLICY IN ALL RESPECTS.

Jack Smith, Former Special Counsel84:39SEN.

Eric Schmitt, U.S. Senator85:02YOU DID NOT. AFTER YOU LOST THE IMMUNITY DECISION, YOU FILED A BRIEF IN THE DISTRICT COURT BASED ON YOUR SUPERSEDING INDICTMENT. SO NOT ONLY DID YOU FILE THAT INDICTMENT, YOU FILED A BRIEF THAT WAS ESSENTIALLY YOUR PLEA TO THE AMERICAN PEOPLE IN VIOLATION OF THE PUBLIC INTEGRITY SECTION, IS THAT CORRECT?

Eric Schmitt, U.S. Senator85:05MR. SMITH: THAT IS INCORRECT. MY RECOLLECTION IS THAT WE

Jack Smith, Former Special Counsel85:23CONSULTED THE PUBLIC INTEGRITY SECTION. THAT BRIEF WAS REQUIRED BY THE COURT TO LITIGATE THE ISSUES THAT HAD COME UP AS A RESULT OF THE IMMUNITY DECISION. SEN. SCHMITT: YOU KEEP DIGGING.

Eric Schmitt, U.S. Senator85:35THIS IS GREAT. MR. SMITH: IT WAS FILED PURSUANT

Jack Smith, Former Special Counsel85:40TO OUR DUTY TO LITIGATE OUR CASE IN COURT, AND THE PUBLIC INTEGRITY SECTION CONCURRED THAT WE COMPLIED WITH THE EXECUTIVE, I'M SORRY, THE ELECTION YEAR SENSITIVITIES POLICY IN ALL RESPECTS. SEN.

Eric Schmitt, U.S. Senator85:55I HAVE A FEELING YOUR TESTIMONY IS GOING TO BE READ BACK TO YOU IN SUBSEQUENT HEARINGS. YOU'VE LOST A LOT OF BIG CASES IN YOUR CAREER, HAVEN'T I? HAVEN'T YOU? MR. SMITH: I HAVE LOST CASES IN MY CAREER.

Jack Smith, Former Special Counsel86:07SEN. SCHMITT: WHAT ARE YOU

Eric Schmitt, U.S. Senator86:08WRITING DOWN THERE? MR. SMITH: I'M SORRY? SEN. SCHMITT: NEVER MIND.

Jack Smith, Former Special Counsel86:14YOU WERE THE CHIEF OF THE PUBLIC

Eric Schmitt, U.S. Senator86:17INTEGRITY SECTION WHEN JOHN EDWARDS WAS PROSECUTED, CORRECT? MR. SMITH: THAT'S CORRECT. SEN. SCHMITT: YOU LOST THAT

Jack Smith, Former Special Counsel86:26CASE, CORRECT?

Eric Schmitt, U.S. Senator86:26MR. SMITH: I BELIEVE IT WAS A HUNG JURY, AND WE DECIDED NOT TO

Jack Smith, Former Special Counsel86:31RETRY. SEN. SCHMITT: HE WAS AQUITE ON

Eric Schmitt, U.S. Senator86:32ONE COUNT. MR. SMITH: I THINK THAT'S RIGHT.

Jack Smith, Former Special Counsel86:34SEN. SCHMITT: YOU ALSO PROSECUTED GOVERNOR BOBBY

Eric Schmitt, U.S. Senator86:38DONALD, CORRECT? MR. SMITH: THAT'S CORRECT. SEN. SCHMITT: YOU LOST THAT

Jack Smith, Former Special Counsel86:42CASE, RIGHT?

Eric Schmitt, U.S. Senator86:42MR. SMITH: WE WON THAT CASE AT TRIAL.

Jack Smith, Former Special Counsel86:44IT WAS UPHELD ON THE FOURTH CIRCUIT. SEN.

Eric Schmitt, U.S. Senator86:51UNANIMOUSLY VACATED BY THE SUPREME COURT, THAT DOESN'T HAPPEN VERY OFTEN, DOES IT? THAT'S PRETTY RARE. THE BOB MENENDEZ INVESTIGATION, THAT RESULTED IN A LOSS LOSS, IS THAT CORRECT? MR. SMITH: I HAD LEFT THE PUBLIC INTEGRITY SECTION BY THE TIME

Jack Smith, Former Special Counsel87:06THAT CASE WAS TRIED. SEN. SCHMITT: YOU FLED TO THE

Eric Schmitt, U.S. Senator87:13HAGUE AND PROSECUTED THE PROSECUTES IN 2020? MR. SMITH: YES, AND HE WAS JUST CONVICTED OF OVER 300 ACTS OF

Jack Smith, Former Special Counsel87:21TORTURE AND 96 MURDERS. SEN. SCHMITT: THEN YOU HAD A

Eric Schmitt, U.S. Senator87:25CHANCE TO COME BACK AND GET TRUMP, IS THAT RIGHT? MR. SMITH: THAT'S NOT RIGHT AT ALL.

Jack Smith, Former Special Counsel87:31SEN. SCHMITT: DID YOU PURPOSELY

Eric Schmitt, U.S. Senator87:33ASSEMBLE A TEAM OF PARTISAN HACKS? FOR YOUR SPECIAL PROSECUTION OF PRESIDENT TRUMP? MR. SMITH: NO. SEN. SCHMITT: LET ME TALK A

Jack Smith, Former Special Counsel87:43COUPLE OF THEM REALLY QUICKLY.

Eric Schmitt, U.S. Senator87:44AN AGENT WHO HELPED ANALYZE THE 197 FISHING HE CAN WE DECISION SUBPOENAS YOU SENT TO REPUBLICAN ORGANIZATIONS. BASICALLY THE CRIME WAS, IF YOU WERE ASSOCIATED WITH THE REPUBLICAN ORGANIZATION, YOU GOT A SUBPOENA. MULTIPLE F.B.I.

Eric Schmitt, U.S. Senator87:44AGENTS HAVE STATED IN SWORN STATEMENTS THAT HE HAD A HISTORY OF OPENLY, HIS DESIRE TO INVESTIGATE PRESIDENT TRUMP AND INSTRUCTED OTHER AGENTS TO DIG AROUND ON PRESIDENT TRUMP AND SIGN THE FISA APPLICATION AGAINST THE TRUMP CAMPAIGN ADVISOR HE NYE CONTAINED MATERIALLY FALSE INFORMATION.

Eric Schmitt, U.S. Senator87:44IT'S BEEN TALKED ABOUT ALREADY, WHO FAMOUSLY SAID HE'D LIKE TO PROSECUTE ANY NUN WHO STILL WEARS A HEAD HABIT, BEFORE JOINING YOUR TEAM OF FEDERAL DISTRICT JUDGE CRITICIZES IMPROPER INVESTIGATION AND HIS CONDUCT OF OBTAINING COMMUNICATIONS IN THE STEVE BANN OOH N CASE.

Eric Schmitt, U.S. Senator88:30YOU PREVIOUSLY TESTIFIED COONEY WAS NOT INTERESTED IN POLITICS. YOU KNOW HE RAN FOR OFFICE AS A DEMOCRAT, DID YOU KNOW THAT? MR. SMITH: I'M AWARE OF THAT. SEN. SCHMITT: YEAH, AND HIS

Jack Smith, Former Special Counsel88:51CENTRAL PLANK OF HIS TEAM, OF

Eric Schmitt, U.S. Senator88:52HIS CAMPAIGN WAS THAT HE HAD PROSECUTED PRESIDENT TRUMP. LIMITED TIME I HAVE LEFT, I DO WANT TO ASK YOU ABOUT A COUPLE OF THINGS. DID YOU GO TO AN NBA GAME BETWEEN THE GOLDEN STATE WARRIORS AND THE ATLANTA HAWKS ON FEBRUARY 3, 2024?

Eric Schmitt, U.S. Senator88:52MR. SMITH: I'M SORRY, CAN YOU SAY THAT AGAIN?

Jack Smith, Former Special Counsel89:14SEN. SCHMITT: DID YOU GO TO A NBA GAME BETWEEN THE WARRIORS

Eric Schmitt, U.S. Senator89:16AND HAWKS ON FEBRUARY 3, 2024? MR. SMITH: WHAT CITY WOULD THAT BE IN?

Jack Smith, Former Special Counsel89:24SEN. SCHMITT: ATLANTA. MR. SMITH: NO.

Eric Schmitt, U.S. Senator89:29SEN. SCHMITT: YOUR TESTIMONY

Jack Smith, Former Special Counsel89:31TODAY YOU DID NOT GO TO A HAWKS

Eric Schmitt, U.S. Senator89:32GAME, IS THAT CORRECT? MR. SMITH: I HAVE NO RECOLLECTION OF THAT.

Jack Smith, Former Special Counsel89:37SEN. SCHMITT: IS IT YOUR

Eric Schmitt, U.S. Senator89:40TESTIMONY YOU WERE NOT IN ATLANTA ON FEBRUARY 3, 2024? LET ME JUST GIVE YOU A LITTLE CONTEXT. THE DAY BEFORE FANNIE LEWIS CAME CLEAR WITH HER AFFAIR WITH THE PROSECUTOR. YOU KNOW THE PROSECUTOR THAT WAS ALSO TRYING TO GET TRUMP.

Eric Schmitt, U.S. Senator89:41THE NEXT DAY, WERE YOU IN ATLANTA? MR. SMITH: I DO NOT BELIEVE SO. SEN. SCHMITT: DID YOU EVER GO TO

Jack Smith, Former Special Counsel90:00ATLANTA DURING YOUR TIME AS

Eric Schmitt, U.S. Senator90:01SPECIAL COUNSEL? MR. SMITH: I REALLY DON'T THINK SO.

Jack Smith, Former Special Counsel90:06IT'S POSSIBLE I FLEW THROUGH THE ATLANTA AIRPORT ON THE WAY TO FLORIDA, BUT I DO NOT HAVE A RECOLLECTION OF GOING TO ATLANTA. I DEFINITELY DID NOT GO TO A HAWKS GAME, I'M SURE OF THAT.

Jack Smith, Former Special Counsel90:06SEN. SOME YET: DID YOU EVER MEET NATHAN WADE OR FANI LEWIS IN

90:24YOUR TIME AS SPECIAL COUNSEL? MR. SMITH: NO. SEN. SCHMITT: WHAT WOULD YOU

Jack Smith, Former Special Counsel90:29TEAM IF I HAD A SERIES OF TEXT

Eric Schmitt, U.S. Senator90:31THAT YOU WERE AT A HAWKS GAME THE DAY AFTER WILLIS AND WADE ANNOUNCED THEIR AFFAIR? I DON'T THINK YOU KNOW WE HAVE THIS STUFF. I'LL GIVE YOU A SECOND TO PROCESS IT SO YOU UP DON'T PER JUROR YOURSELF.

Eric Schmitt, U.S. Senator90:31MR.

Jack Smith, Former Special Counsel90:50YOU JUST TOOK IT DOWN REALLY QUICK. IF I COULD LOOK AT THAT AGAIN. SEN.

Dick Durbin, U.S. Senator90:54CAN WE GIVE THE WITNESS A COPY SO HE CAN SEE WHAT'S BEING READ TO HIM? SEN. SCHMITT: I WANT TO RUN THROUGH, WE'LL PUT IT IN A FILE.

Eric Schmitt, U.S. Senator91:04YOU CAN RESPOND. I THINK YOU'VE ALREADY PURGED YOURSELF. DID YOU OR YOUR OFFICE, DID YOU OR YOUR OFFICE SEEK, THIS IS MY TIME, SENATOR. IF YOU WANT TOP USE YOUR TIME TO CRITICIZE MY QUESTION, GO AHEAD, RANKING MEMBER.

Eric Schmitt, U.S. Senator91:04DID YOU OR YOUR OFFICE SEEK THE CONTENTS OF MEMBERS OF CONGRESS' EMAILS OR TEXT MESSAGES? MR. SMITH: WE SOUGHT TOLL RECORDS SUBPOENAS THAT DID NOT

Jack Smith, Former Special Counsel91:34CONTAIN THE CONTENT OF CALLS. I AM ALSO AWARE THAT WE SOUGHT WHITE HOUSE PHONES FOR INDIVIDUALS WHO WERE RELEVANT TO OUR INVESTIGATION, GOVERNMENT PHONES IN WHICH THEY HAD NO EXPECTATION. SEN.

Eric Schmitt, U.S. Senator91:48LET ME ASK YOU THIS WAY. DID YOU SEEK THE CONTENT OF MESSAGES FROM MEMBERS OF CONGRESS BY OTHER MEANS? MEANING, THE SUBPOENAS YOU SENT TO THE OTHER 197 ORGANIZATIONS ASKING FOR COMMUNICATIONS FROM MEMBERS OF CONGRESS.

Eric Schmitt, U.S. Senator91:50BECAUSE YOU'VE SAID YOU DIDN'T AS IT RELATES TO MEMBERS OF CONGRESS, BUT DID YOU DO IT THROUGH ANOTHER MEANS, THE OTHER 197 SUBPOENAS? MR. SMITH: I CAN'T ADDRESS EVERY SUBPOENA WE ISSUED.

Jack Smith, Former Special Counsel92:14WHAT I CAN SAY IS THAT I AM AWARE THAT IN THE EXAMPLE OF CONGRESSMAN PERRY, THIS IS BEFORE I WAS SPECIAL COUNSEL, DID IN FACT SEEK A SEARCH WARRANT AND RECEIVED JUDICIAL AUTHORITY FOR A SEARCH WARRANT OF HIS TELEPHONES.

Jack Smith, Former Special Counsel92:14SO THAT DEFINITELY HAPPENED. SEN. SCHMITT: IN CLOSING I JUST

Eric Schmitt, U.S. Senator92:34WANT TO SAY, IN THE FAMOUS WORDS OF THE CHIEF OF THE SECRET POLICE UNDER STALIN OF SHOW ME THE MAN, I'LL SHOW YOU THE CRIME, YOU MAY THINK YOU'RE A HERO IN THIS STORY, BUT LET ME TELL YOU SOMETHING.

Eric Schmitt, U.S. Senator92:36YOU'RE THE VILLAIN. YOU'VE DONE SO MUCH DAMAGE AS A FORMER PROSECUTOR, I CAN SAY SO MUCH DAMAGE TO THE TRUST AND FAITH PEOPLE HAVE IN OUR SYSTEM, YOU HAVE WEAPONIZED THE DOUBLE PLAY AGAINST POLITICAL ENEMIES TO AN EXTENT THAT'S NEVER HAPPENED IN THE HISTORY OF THIS COUNTRY.

Eric Schmitt, U.S. Senator92:36YOU WILL GO DOWN AS A TOTAL DIRT BAG. I YIELD MY TIME. CHAIR

Chuck Grassley, Chair, Senate Judiciary Committee93:08BEFORE I CALL ON SENATOR KLOBUCHAR, WITHOUT OBJECTION I'LL ENTER INTO THE RECORD EMAILS SHOWING THE F.B.I. OF ALL AGENCIES RAISE CONCERN WITH THE D.O.J. THAT THERE WAS A SUFFICIENT PROBABLE CAUSE TO OBTAIN THE SEARCH WARRANT AT MAR-A-LAGO.

Chuck Grassley, Chair, Senate Judiciary Committee93:12SENATOR KLOBUCHAR? SEN. KLOBUCHAR: MR. CHAIRMAN, THEN YOU'RE AGO TO ALLOW THE

Amy Klobuchar, U.S. Senator93:32WITNESS TO SEE THIS FAST POSTER BOARD THAT WE SAW, IS THAT GOING TO BE INCLUDED THEN SO THE WITNESS CAN LOOK AT THAT AT SOME POINT HERE BEFORE THE HEARING IS OVER? BECAUSE WE COULDN'T SEE WHAT IT SAID.

Amy Klobuchar, U.S. Senator93:32AND I'M A FORMER PROSECUTOR TOO, AND I HAVE NEVER SEEN ANYONE JUST SAY, WHAT DO YOU THINK OF THIS AND PUT IT DOWN. WE NEED A COPY OF THE ACTUAL TEXTS. CAN YOU GIVE THE WITNESS THE COURTESY OF GIVING HIM A COPY OF THAT?

Amy Klobuchar, U.S. Senator93:32THANK YOU. >> CAN THE WITNESS BE ALLOWED TO COMMENT NOW THAT HE CAN SEE THE CHART? SHOULD WE MAYBE GIVE HIM THE CHANCE TO LOOK AT IT AND GO BACK AT IT? MR. SMITH: I THINK I CAN ADDRESS IT.

Jack Smith, Former Special Counsel94:23SEN. KLOBUCHAR: THIS ISN'T IN MY

Amy Klobuchar, U.S. Senator94:26TIME, BUT YES, PLEASE ADDRESS IT. MR. SMITH: IF THIS IS THE

Jack Smith, Former Special Counsel94:32CORRECT BASKETBALL GAME, I RECALL GOING TO A UNIVERSITY OF MARYLAND BASKETBALL GAME WHERE CAITLIN CLARK WAS PLAYING, RIGHT AROUND THAT TIME, AND THE MARSHAL SERVICE WAS THERE WITH ME. YOU CAN CHECK IF THAT WAS THE EXACT DATE, IT WAS MARYLAND PLAYING IOWA, I THINK FEBRUARY 2024.

Jack Smith, Former Special Counsel94:34BUT AGAIN, WE CAN CHECK THAT OUT. THAT'S WHAT WE'RE TALKING ABOUT. SEN.

Amy Klobuchar, U.S. Senator95:00COULD IT THEN BE THAT UNIVERSITY OF IOWA IS THE HAWKEYES, COULD THAT BE IT? AND MAYBE BEFORE WE SHOW THIS KIND OF THING. I KNOW, BUT IF HE WAS AT AN IOWA GAME, IS THAT CORRECT?

Amy Klobuchar, U.S. Senator95:04MR. SMITH: IT WAS BECAUSE CAITLIN CLARK WAS COMING TO

Jack Smith, Former Special Counsel95:16MARYLAND TO PLAY. SEN. KLOBUCHAR: THAT MIGHT BE

Amy Klobuchar, U.S. Senator95:20THE CONFUSION OVER THE NAMES OF THE TEAM, BUT PERHAPS YOU SHOULD HAVE LOOKED AT IT MORE CAREFULLY. >> WHOSE QUESTIONING IS THIS? ARE YOU USING YOUR TIME, SENATOR? IS THAT WHAT THIS IS? ARE WE JUST HAVING LIKE AN OPEN SESSION HERE?

Amy Klobuchar, U.S. Senator95:21SEN. KLOBUCHAR: I JUST AM SHOCKED -- >> I'M GLAD YOU'RE TRYING TO REHABILITATE THE WITNESS. SEN. KLOBUCHAR: YOU ARE CALLING HIM A DIRT BAG. AND SHOWING HIM -- >> ABOUT HIM WANTING TO MEET WITH PEOPLE THAT COULD HAVE OBVIOUSLY BEEN RELATED TO THE PROSECUTION THAT WAS COORDINATED WITH HIS OFFICE IN ATLANTA.

Amy Klobuchar, U.S. Senator95:41SEN. KLOBUCHAR: I'M GOING TO BEGIN MY QUESTIONS NOW, BUT I THINK THAT PEOPLE SHOULD HAVE THEIR FACTS STRAIGHT BEFORE THEY ACCUSE SOMEONE OF BEING A DIRT BAG AND NOT GIVE THE TEAM. >> I STAND BY THAT STATEMENT.

Amy Klobuchar, U.S. Senator95:54SEN. CLOCK GENERAL: YOU HAD THE TEAMS WRONG --

96:06SEN. KLOBUCHAR: YOU WOULD THE

Amy Klobuchar, U.S. Senator96:08TEAMS WRONG. CHAIR GRASSLEY: PROCEED WITH

Chuck Grassley, Chair, Senate Judiciary Committee96:10YOUR STATE OF. SEN. KLOBUCHAR: FROM THE STATE

Amy Klobuchar, U.S. Senator96:13OF MINNESOTA, WE HAVE THE GOPHERS, SO THERE'S NOT A LOT OF CONFUSION. MANY OF US IN THIS ROOM WERE HERE ON JANUARY 6, ONE OF THE HARDEST DAYS OUR DEMOCRACY HAS FACED. ENING SENIOR EKESSISTS TRIED TO OVERRUN THIS CAPITOL AND OVERTURN AN ELECTION.

Amy Klobuchar, U.S. Senator96:15THEY ASSAULTED OUR HEROIC CAPITOL POLICE OFFICERS AND ATTACKED NOT ONLY THE CAPITOL, BUT AMERICAN DEMOCRACY ITSELF. AS INCOMING CHAIR OF THE SENATE RULES COMMITTEE, IT WAS MY JOB WITH SENATOR BLUNT TO ENSURE THAT THE ELECTORAL BALLOTS WERE COUNTED.

Amy Klobuchar, U.S. Senator96:15THAT MORNING BEGAN WITH POMP AND CIRCUMSTANCE. SENATOR BLUNT, VICE PRESIDENT PENCE AND I LED A TRAIN OF SENATORS FROM THE SENATE TO THE HOUSE TO START THIS CEREMONY. THREE PAIRS OF YOUNG WOMEN HELD THE MAHOGANY BOXES WITH THE ELECTORAL BALLOTS FOR THE ENTIRE COUNTRY.

Amy Klobuchar, U.S. Senator97:00AND THEN CAME THE INSURRECTION. CAPITOL POLICE WERE ATTACKED, PEPPER SPRAYED, CLUBBED AND TRAMPLED. I REMEMBER SENATORS GATHERED IN A ROOM TRYING TO CALL THE NATIONAL GUARD TO SEE IF ANYONE WOULD HELP. AND I WILL ALWAYS REMEMBER THE SECOND WALK, AND THAT WAS WHEN ALL THE SENATORS HAD BEEN SENT HOME, EXCEPT FOR SENATOR BLUNT AND MYSELF.

Amy Klobuchar, U.S. Senator97:00THAT WALK WITH VICE PRESIDENT PENCE, WHO, OF COURSE, HAD BEEN THREATENED TO BE HUNG AT THE TIME, MANY PEOPLE HAD TOLD HIM TO LEAVE THE CAPITOL, BUT H HE STAYED. VICE PRESIDENT PENCE AND SENATOR BLUNT AND I MADE THAT WALK AGAIN, WITH THE SAME THREE PAIRS OF YOUNG WOMEN HOLDING THE MAHOGANY BOXES WITH THE ELECTORAL BALLOTS THAT WERE IN THOSE BOXES, ONLY BECAUSE SOMEONE HAD THE PRESENCE OF MIND TO SECURE THOSE BOXES.

Amy Klobuchar, U.S. Senator97:46BUT THIS TIME THE WALK WASN'T A PAGEANTRY. WE WERE WALKING OVER BROKEN GLASS. WE WERE WALKING OVER MARBLE PILLARS SPRAY PAINTED WITH VULGARITIES. BUT WE DID OUR JOBS, AND WE MADE CLEAR TO THE WORLD BEFORE THE SUN CAME UP, AND THAT WAS OUR GOAL, THAT DEMOCRACY PREVAILED.

Amy Klobuchar, U.S. Senator97:46SINCE THEN, THE PRESIDENT HAS REPEATEDLY TRIED TO REWRITE THE STORY OF WHAT HAPPENED THAT DAY. HE WANTS US TO FORGET THAT HE TRIED TO OVERTURN THE WILL OF THE AMERICAN VOTERS. HE WANTS US TO FORGET THAT HIS SUPPORTERS TRIED TO CARRY OUT AN INSURRECTION, WHERE CAPITOL POLICE OFFICERS WERE ASSAULTED.

Amy Klobuchar, U.S. Senator98:32TRAGICALLY, FIVE BRAVE OFFICERS WHO REPORTED FOR DUTY THAT DAY ULTIMATELY PASSED AWAY. AND THE PRESIDENT AND HIS ALLIES HAVE REPEATEDLY ATTACKED THE HEROES WHO DEFENDED US THAT DAY. HE CALLED JANUARY 6 A DAY OF LOVE.

Amy Klobuchar, U.S. Senator98:32HE HAS PARDONED MORE THAN 1,500 CRIMINALS WHO ATTACKED THE CAPITOL, DESCRIBED THE PROSECUTIONS OF THOSE WHO ATTACKED LAW ENFORCEMENT AS A GRAVE NATIONAL INJUSTICE, AND EVEN SET UP A FUND TO USE TAXPAYER DOLLARS TO PAY THOSE CONVICTED OF CRIMES.

Amy Klobuchar, U.S. Senator99:17HE AND HIS ALLIES HAVE TRIED TO DISCREDIT THE INVESTIGATION INTO THESE EVENTS AND SMEARED THE PEOPLE WHO WORKED TO HOLD HIM ACCOUNTABLE. AS PRESIDENT TRUMP CONTINUES TO SPREAD FALSEHOODS ABOUT THE 2020 ELECTION AND IS TRYING TO UNDERMINE OUR DEMOCRACY AHEAD OF THE 2026 ELECTIONS, I AM GRATEFUL THAT YOU WERE WITH US TODAY, MR. SMITH, TO SET THE RECORD STRAIGHT.

Amy Klobuchar, U.S. Senator99:17SO I WILL BEGIN WITH THESE QUESTIONS. THROUGH THE EVIDENCE YOU OBTAINED, CAN YOU DESCRIBE THE THREATS THAT LAW ENFORCEMENT FACED THAT DAY? MR. SMITH: ON JANUARY 6, LAW ENFORCEMENT OFFICERS WHO SOUGHT

Jack Smith, Former Special Counsel100:03TO PROTECT THE PEOPLE IN THE CAPITOL WERE BRUTALLY ASSAULTED. OVER 140 OFFICERS WERE ASSAULTED. THEY WERE ASSAULTED WITH WEAPONS. AS YOU MENTIONED, SOME OF THEM LOST THEIR LIVES. THESE ARE PEOPLE, IN MY VIEW, WHO WE DO NOT THANK ENOUGH AND THE FACT THAT PEOPLE ARE FORGETTING WHAT HAPPENED THAT DAY AND THE SACRIFICES AND THE COURAGE THESE PEOPLE SHOWED TO PROTECT PEOPLE AND THIS INSTITUTION, I FIND THAT TROUBLING.

Jack Smith, Former Special Counsel100:03I WILL NEVER FORGET THEIR SACRIFICE. SEN.

Amy Klobuchar, U.S. Senator100:36THANK YOU. YOU PREVIOUSLY WROTE THIS ABOUT THE INVESTIGATORS AND PROSECUTORS WHO WORKED FOR YOUR OFFICE AS YOU INVESTIGATED WHAT HAPPENED. YOU SAID THEY ARE PEOPLE OF GREAT DECENCY AND THE HIGHEST PERSONAL INTEGRITY. THE INTENSE PUBLIC SCRUTINY OF OUR OFFICE, THREATS TO THEIR SAFETY, AND RELENTLESS UNFOUNDED ATTACKS ON THEIR CHARACTER AND INTEGRITY DID NOT DETER THEM FROM FULFILLING THEIR OATHS AND PROFESSIONAL OBLIGATIONS.

Amy Klobuchar, U.S. Senator100:42WHAT DO YOU WANT THE AMERICAN PEOPLE TO KNOW ABOUT THE PUBLIC SERVANTS WHO WORKED WITH AND THE WORK THEY WERE DOING FOR THE AMERICAN PEOPLE? MR. SMITH: THESE WERE GOOD AND DECENT PEOPLE.

Jack Smith, Former Special Counsel101:21THESE WERE PEOPLE WHO DEVOTED THEIR LIVES TO WORKING FOR THEIR COMMUNITIES, WORKING FOR OUR COUNTRY. THEY WERE MUCH LIKE THE AGENTS AND PROSECUTORS AND STAFF THAT I WORKED WITH THROUGHOUT MY CAREER AS A PROSECUTOR IN THE DEPARTMENT OF JUSTICE.

Jack Smith, Former Special Counsel101:21IT'S THE PRIVILEGE AND HONOR OF MY LIFE TO WORK WITH PEOPLE LIKE THAT. MANY OF THESE PEOPLE, IN ADDITION TO THEIR WORK WITH ME AS A PROSECUTOR, HAVE SERVED IN OTHER BRANCHES OF OUR GOVERNMENT.

Jack Smith, Former Special Counsel101:21PEOPLE WHO SERVED IN THE MILITARY AND LITERALLY PUT THEIR LIVES ON THE LINE FOR OUR COUNTRY. F.B.I. AGENTS WHO STOOD TO PROTECT OUR NATIONAL SECURITY. MY VIEW, THESE PEOPLE ARE HEROE HER HEROES, AND I BELIEVE OUR COUNTRY DOES NOT RECOGNIZE AND PAY ENOUGH ATTENTION TO PEOPLE LIKE THAT.

Jack Smith, Former Special Counsel102:06I THINK IF WE DID, THE PARTISAN THINGS THAT WE'RE DISCUSSING TODAY, A LOT OF THAT WOULD GO AWAY. SEN. KLOBUCHAR: THANK YOU.

Amy Klobuchar, U.S. Senator102:23THE TRUMP ADMINISTRATION HAS FIRED CAREER PROSECUTORS AND AGENTS WHO WORKED ON MATTERS INVOLVING PRESIDENT TRUMP AND THE JANUARY 6 ATTACKS. WE HEARD FROM ONE OF THOSE FIRED PROSECUTORS WHO COULDN'T HOLD BACK THE TEARS WHEN DESCRIBING HOW SHE HAD EVALUATED OVER 1,500 CASES, EXAMINING EACH ONE BASED ON THE LAW AND THE EVIDENCE TO DETERMINE IF CHARGES SHOULD BE BROUGHT.

Amy Klobuchar, U.S. Senator102:24AND THE TRUMP ADMINISTRATION FIRED HER SIMPLY FOR DOING HER JOB. ONE OF THE THINGS THAT REALLY BOTHERED ME ABOUT THIS AS HAVING RUN A PROSECUTOR'S OFFICE WITH 400 EMPLOYEES IS JUST SOMETIMES HOW YOU ARE ASSIGNED TO A CASE IS JUST SERENDIPITY.

Amy Klobuchar, U.S. Senator102:24YOU'RE A NEW PERSON, YOU GET ASSIGNED TO A TEAM, YOU'RE ON A CASE. YOU ARE A MORE EXPERIENCED PERSON AND YOU HAVE A CERTAIN SKILL, YOU'RE ASSIGNED TO A CASE. IS IT TRUE THAT THEY DON'T OFTEN CHOOSE WHICH CASES THEY'RE ASSIGNED TO, MR. SMITH?

Amy Klobuchar, U.S. Senator103:10MR. SMITH: IT IS TRUE, AND IT'S ALSO TRUE THAT I THINK YOU MAY

Jack Smith, Former Special Counsel103:20HAVE HAD THE SAME EXPERIENCE, THESE ARE NOT PEOPLE WHO TOOT THEIR OWN HORN. THESE ARE NOT PEOPLE WHO ARE SEEKING SELF-PROMOTION. THEY ARE PEOPLE WHO GET SATISFACTION OUT OF DOING THEIR WORK AND DOING IT ON BEHALF OF THE AMERICAN PEOPLE.

Jack Smith, Former Special Counsel103:20SEN. KLOBUCHAR: HOW DOES FIRING

Amy Klobuchar, U.S. Senator103:36CAREER PROSECUTORS AND AGENTS JUST BECAUSE THEY WORKED ON JANUARY 6 CASES WEAKEN PUBLIC SAFETY AND SEND THE WRONG MESSAGE TO LAW ENFORCEMENT? MR. SMITH: IT WEAKENS PUBLIC SAFETY IN A NUMBER OF RESPECTS.

Jack Smith, Former Special Counsel103:48IF YOU FIRE PEOPLE WHO HAVE THE EXPERTISE TO CONDUCT INVESTIGATIONS PROPERLY AND TO REPRESENT THE UNITED STATES IN COURT PROPERLY, YOU ARE MAKING OUR COUNTRY LESS SAFE. IF YOU DRIVE THOSE PEOPLE OUT OF PUBLIC SERVICE, THE INSTITUTIONS WE RELY ON FOR JUSTIFY, FOR PROTECTING OUR COUNTRY, THOSE INSTITUTIONS ARE WEAKENED.

Jack Smith, Former Special Counsel103:48WE HAVE SEEN THIS WITH COURTS ACROSS THE COUNTRY LOSING CREDIBILITY WITH THE DEPARTMENT, BECAUSE THE DEPARTMENT IS NO LONGER CREDIBLE IN THEIR EYES. SEN. KLOBUCHAR: THANK YOU.

Amy Klobuchar, U.S. Senator104:26ISN'T IT TRUE THAT IMMEDIATELY FOLLOWING THE TWEET WHERE THE PRESIDENT PUT INTENSE PRESSURE ON VICE PRESIDENT PENCE, TELLING HIM THAT HUNDREDS OF THOUSANDS OF PEOPLE HATE HIS GUTS, AND THEN HE TWEETED, LEADING UP TO THIS, HE SAID THIS, MIKE PENCE DIDN'T HAVE THE COURAGE TO DO WHAT SHOULD HAVE BEEN DONE.

Amy Klobuchar, U.S. Senator104:31ISN'T IT TRUE THAT IMMEDIATELY FOLLOWING THAT TWEET PENCE'S SECRET SERVICE DETAIL WAS FORCED TO EVACUATE THE VICE PRESIDENT? MR. SMITH: MY RECOLLECTION IS THAT THOSE TWO THINGS WERE VERY

Jack Smith, Former Special Counsel105:02CLOSE IN TIME, AND OUR VIEW WAS THAT THAT CONDUCT ENDANGERED THE VICE PRESIDENT, AND IT ALSO PROVIDED FURTHER EVIDENCE OF THE PRESIDENT'S INTENT, CRIMINAL INTENT, TO OBSTRUCT THE CERTIFICATION PROCEDURE AND HAVE HIS SUPPORTERS WHO WERE ATTACKING THE CAPITOL CONTINUE TO OBSTRUCT IT.

Jack Smith, Former Special Counsel105:02SEN. CLOCK GENERAL: THANK YOU.

105:26I WANTED TO END WITH THIS, MR. CHAIRMAN, SINCE IT INVOLVES YOUR STATE. WE HAVE CONFIRMED THAT, IN FACT, YOU WERE RIGHT, MR. SMITH, IOWA HAWKEYES PLAYED MARYLAND ON FEBRUARY 3, 2024. THE FINAL SCORE WAS 93-85, IOWA WON, AND CAITLIN CLARK SCORED 30 POINTS.

105:28SO IT MUST HAVE BEEN A PRETTY GOOD GAME. THE GAME WAS, IN FACT, IN MARYLAND, MR. SMITH. AND I WOULD JUST SAY, FOR A U.S. SENATOR TO HAVE FALSE INFORMATION AND IMPLY BASED ON A CONFUSION ABOUT THE NAME OF A TEAM, WHICH I KNEW, KNOWING MY MIDWESTERN SPORTS, AND IMPLIED THAT YOU WERE IN ANOTHER CITY, THAT YOU WERE SOMEHOW INVOLVED THAT DAY IN WHAT WAS HAPPENING IN GEORGIA, AND THEN CALL YOU A DIRT BAG IS SOMETHING THAT DESERVES AN APOLOGY.

106:13THANK YOU, MR. SMITH. CHAIR GRASSLEY: BEFORE I CALL ON SENATOR BRITT, BEFORE THAT,

Chuck Grassley, Chair, Senate Judiciary Committee106:26WITHOUT OBJECTION, I'LL ENTER INTO THE RECORD A STATEMENT FROM SENATOR BLACKBURN. I APPRECIATE THAT CHAIRING THE SUBCOMMITTEE HEARING ON ARCTIC FROST AS PART OF THE COMMITTEE'S INVESTIGATION, ALSO WITHOUT OBJECTION I'LL ENTER INTO THE RECORD A STATEMENT FROM SENATOR HAGERTY.

Chuck Grassley, Chair, Senate Judiciary Committee106:26BOTH SENATORS WERE VICTIMS OF SMITH'S PROSECUTION CAMPAIGN, AND I APPRECIATE THEIR WORDS CONCERNING THE IMPORTANCE OF DEFENDING THE CONSTITUTION AND INDEPENDENCE OF THE LEGISLATIVE PROCESS. SEN.

Katie Britt, U.S. Senator106:59THANK YOU SO MUCH, AND I'M ALSO GLAD WE CAN TALK ABOUT WOMEN'S SPORTS IN THE JUDICIARY HEARING. WE CERTAINLY MISS OUR COLLEAGUE FROM THE OTHER SIDE OF THE AISLE LAST WEEK WHEN WE WERE TALKING ABOUT PROTECTING WOMEN'S SPORTS, MAKING SURE THAT WOMEN HAVE THAT SPACE, AND THEY CAN LEARN TO GROW AND LEARN TO LEAD ■ ■IN A FAR WAY THAT IS SAFE AND THAT IS COMMON SENSE.

Katie Britt, U.S. Senator107:03I ENJOY WATCHING CAITLIN CLARK, AND I WANT TO MAKE SURE THAT WE CONTINUE TO PROTECT THOSE SPACES FOR YOUNG WOMEN TO COME, AND I WOULD HOPE OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE COULD JOIN US IN THAT.

Katie Britt, U.S. Senator107:03MR. CHAIRMAN, I APPRECIATE YOU CONVENING THE HEARING TODAY ON SUCH AN IMPORTANT TOPIC. THANK YOU FOR THE WORK THAT YOU'VE DONE OVER THE LAST SEVERAL YEARS CONDUCTING RIGOROUS OVERSIGHT OF THE ARCTIC FROST INVESTIGATION.

Katie Britt, U.S. Senator107:48WE APPRECIATE YOUR LEADERSHIP ON THIS. AND WE NEED TO BRING PUBLIC ATTENTION TO THIS INVESTIGATION AND THOSE THAT FOLLOWED IT. THE ISSUE REALLY GETS AT THE HEART OF ONE OF THE MOST FUNDAMENTAL PRINCIPLES OF OUR REPUBLIC, AND THAT IS THAT JUSTICE MUST BE BLIND AND THAT NO AMERICAN SHOULD BE TARGETED BY OUR JUSTICE SYSTEM AS A RESULT OF THEIR POLITICS.

Katie Britt, U.S. Senator107:48UNFORTUNATELY, WE'VE DISCOVERED THAT PRINCIPLE WAS FAR TOO OFTEN VIOLATED IN THE COURSE OF ARCTIC FROST AND THE ENSUING INVESTIGATIONS. AND IT'S RIGHT THAT WE FOCUS ON, SHED LIGHT ON, DEMAND ANSWERS, AND ALSO ACCOUNTABILITIES THAT WE CAN BEATEN SURE IT DOESN'T HAPPEN AGAIN MOVING FORWARD.

Katie Britt, U.S. Senator108:33MR. SMITH, I WANTED TO START WITH THE INITIATION OF ARCTIC FROST INVESTIGATION. THE ARCTIC FROST INVESTIGATION WAS OPENED BY THE F.B.I. IN APRIL OF 2022 BEFORE ULTIMATELY BEING CONSUMED BY YOUR WORK AFTER BEING APPOINTED AS SPECIAL COUNSEL IN NOVEMBER OF THAT YEAR.

Katie Britt, U.S. Senator108:33WHILE UNDERSTAND YOU WEREN'T PERSONALLY INVOLVED IN THE INITIATION OF ARCTIC FROST, IT WAS THE INVESTIGATION THAT ULTIMATELY EVOLVED INTO YOUR 2020 CASE AGAINST PRESIDENT TRUMP. YES OR NO, DO YOU ACCEPT THAT THE ARCTIC FROST WAS INITIATED BY F.B.I.

Katie Britt, U.S. Senator108:33PERSONNEL THAT WERE CLEARLY INFECTED BY POLITICAL BIAS? AND BEFORE YOU ANSWER, IF YOU WILL PULL YOUR MICROPHONE CLOSER TO YOU, I FIND IT INTERESTING THAT I'M THE ONLY ONE THAT'S HAVING A HARD TIME HEAR.

Katie Britt, U.S. Senator109:18MR. SMITH: SORRY ABOUT THAT.

Jack Smith, Former Special Counsel109:24HOW'S THAT? SEN. BRITT: THAT'S BETTER. MR. SMITH: I CAN'T REALLY SPEAK

Katie Britt, U.S. Senator109:28TO WHAT HAPPENED BEFORE I WAS

Jack Smith, Former Special Counsel109:29SPECIAL COUNSEL. WHAT I CAN SHARE IS THAT THE INVESTIGATION I TOOK OVER, I MADE SURE POLITICS PLAYED NO ROLE. SEN.

Katie Britt, U.S. Senator109:37BUT BEFOREHAND, YES OR NO. YOU KNOW THE SAME THINGS THAT WE DO, AND PROBABLY EVEN MORE. YOU KNOW THE POLITICAL BIAS OF TIMOTHY TEBOW, YOU'VE SEEN THAT LAID OUT FOR YOU. YOU DON'T BELIEVE IN ANY WAY THAT THAT AFFECTED HIS WORK IN ARCTIC FROST?

Katie Britt, U.S. Senator109:39TEBOW MR. SMITH: I DO NOT BROOKLYN.

Jack Smith, Former Special Counsel109:59SEN. BRITT: DO YOU BELIEVE IT AFFECTED HIS WORK, YES O OR NO?

Katie Britt, U.S. Senator110:03MR. SMITH: I CAN'T SPEAK TO THAT.

Jack Smith, Former Special Counsel110:05SEN. BRITT: IT IS YOUR JOB TO

Katie Britt, U.S. Senator110:07ACTUALLY LOOK AT THESE THINGS AND FIGURE OUT WHERE THERE IS BIAS, WHERE THERE IS FACT OR FICTION. YOU KNOW WHAT ENSUED. YOU KNOW WHAT HAPPENED. YOU'VE SEEN SOME OF THE SAME THINGS HE'S SAID ONLINE.

Katie Britt, U.S. Senator110:07YOU SAW WHAT HE SAID ABOUT PRESIDENT TRUMP. YOU'VE SEEN THE POST THAT HE MADE ABOUT CATHOLIC PRIESTS AND SLURS TOWARD CATHOLICISM. YOU'VE BEEN PRESENTED WITH THE INFORMATION THAT HE'S MADE ABOUT PRESIDENT TRUMP, HIS LINKEDIN PROFILE PICTURE THERE WITH "THE WASHINGTON POST" BEING ON HIS PROFILE, SAYING THE TRUMP ADMINISTRATION ABUSES -- YOU KNOW THAT STUFF, YES OR NO?

Katie Britt, U.S. Senator110:07YOU KNOW SOME OF THAT. WHOA, WHOA, NONE OF THIS HAS EVER BEEN BROUGHT TO YOUR ATTENTION? YES OR NO? NEVER? ALL THIS, TIMOTHY TEBOW, NO ONE HAS EVER BROUGHT ANY OF THIS POLITICAL BIAS, THAT HE HAS CLEARLY SHARED ON SOCIAL MEDIA ACCOUNTS, BIASED AGAINST CATHOLICISM, BIASED, NO ONE'S EVER SHARED THAT WITH YOU, YES OR NO?

Katie Britt, U.S. Senator110:53MR. SMITH: SENATOR, I AM HERE TO TESTIFY ABOUT MY WORK AS SPECIAL

Jack Smith, Former Special Counsel111:13COUNSEL. SEN.

Katie Britt, U.S. Senator111:14SIR, I WANT TO ASK UP A QUESTION, AND YOU KNOW THAT. THIS IS VERY SIMPLE. YES OR NO. CAN YOU NOT ANSWER THAT? MR. SMITH: I CAN. I'M SURE THERE ARE THINGS IN THE

Jack Smith, Former Special Counsel111:24MEDIA ABOUT THIS AGENT. SEN. BRITT: I DIDN'T ASK WHAT'S

Katie Britt, U.S. Senator111:27IN THE MEDIA. I ASKED WHAT'S IN YOU. DO YOU KNOW, HAS THIS EVER BEEN BROUGHT TO YOUR ATTENTION? THIS IS NOT HARD. THIS IS NOT A TRICK QUESTION. YOU'RE TELLING ME THAT YOU TOOK OVER THIS GUY'S ENTIRE INVESTIGATION, AND YOU NEVER LOOKED AT ANY OF THESE THINGS THAT ALL OF US CAN SEE IN OPEN SOURCE?

Katie Britt, U.S. Senator111:28THAT'S A LIE. IT'S NOT TRUE. YES OR NO. DO YOU KNOW ANY OF THESE THINGS I JUST SAID OR ANYTHING SIMILAR TO THIS ABOUT TIMOTHY TEBOW? MR. SMITH: I DON'T KNOW THE THINGS YOU'RE SAYING TO BE TRUE,

Jack Smith, Former Special Counsel111:57BECAUSE I WAS NOT THERE AT THAT TIME. SEN.

Katie Britt, U.S. Senator112:00YOU TOOK OVER AN INVESTIGATION, ULTIMATELY IN 2024, TEBOW WAS FOUND TO HAVE VIOLATED THE U.S. OFFICE OF SPECIAL COUNSEL, VIOLATED THE HATCH ACT FOR ANTI-TRUMP POLITICAL CONDUCT WHILE AT THE F.B.I., AND YOU WERE SAYING YOU TOOK OVER HIS INVESTIGATION, AND NOTHING?

Katie Britt, U.S. Senator112:05YOU DIDN'T LOOK INTO ANY OF THIS? YOU KNOW NONE OF THIS? SO I GUESS THAT GOES TO SAY YOU DIDN'T GO BACK AND CHECK HIS WORK. YES OR NO? MR. SMITH: I DID CHECK THE WORK THAT WAS DONE BEFORE I WAS

Jack Smith, Former Special Counsel112:32THERE. AND I DID NOT SEE IN THAT WORK ANY EVIDENCE OF POLITICAL BIAS WHATSOEVER. I LOOKED AT THAT CLOSELY. SEN.

Katie Britt, U.S. Senator112:41WAS IT EVER BROUGHT TO YOUR ATTENTION THAT I HAD POLITICAL BIAS STATEMENTS OUT NUT PUBLIC, YES OR NO? MR. SMITH: I DO NOT RECALL DISCUSSING THIS.

Jack Smith, Former Special Counsel112:50SEN. BRITT: IF YOU'RE REALLY

Katie Britt, U.S. Senator112:52SMART, YOU CAN RECALL THAT, SURELY. SURELY. SURELY. EITHER THAT OR YOU SKATED THROUGH HARVARD SOME OTHER WAY. I MEAN, COME ON. IT'S NOT HARD. THIS IS NOT A HARD QUESTION. LOOK, IT'S CLEAR THAT MR. TEBOW ACTUALLY MADE INVESTIGATIVE DECISIONS RELATED TO PRESIDENT TRUMP AND ARCTIC FROST AND HAD A POLITICAL BIAS AND HAD AN AGENDA.

Katie Britt, U.S. Senator112:53IT'S UNBELIEVABLE THAT YOU WOULD TAKE OVER SUCH A CASE I DON'T BELIEVE IT. I DON'T BELIEVE IT. AND FOR YOU TO SIT IN FRONT OF THIS COMMITTEE AND NOT ANSWER A SIMPLE QUESTION, WHEN YOU SAY YOU'RE HERE TO TELL US ALL ABOUT IT, AND YOU CAN'T TELL US WHETHER OR NOT YOU LOOKED AT THE BIAS OF THE GENTLEMAN BEFORE YOU, IT'S JUST ABSURD.

Katie Britt, U.S. Senator113:42AND LOOK, IN THAT VEIN, I WANT TO TURN TO SOME OF THE EXCESSES THAT OCCURRED ONCE YOU AND YOUR TEAM FULLY TOOK OVER THE ARCTIC FROST INVESTIGATION, STARTING WITH THE EROSION OF SEPARATION OF POWERS.

Katie Britt, U.S. Senator113:42IT'S BEEN WIDELY REPORTED THAT YOU AND YOUR TEAM ISSUED SOME 44 SUBPOENAS RELATED TO THE TOLLING RECORDS OF AT LEAST 20 REPUBLICAN MEMBERS OF CONGRESS, INCLUDING AT LEAST EIGHT U.S. SENATORS, INCLUDING AT LEAST FOUR MEMBERS OF THIS COMMITTEE, AND THE SUBPOENAS ISSUED TO TELECOM COMPANIES FOR MEMBER TOLL RECORDS INCLUDED COURT RECORDS, NONDISCLOSURE ORDERS ATTEMPTING TO BAR TELL COMMUNICATIONS COMPANIES FROM PROVIDING ANY NOTICE.

Katie Britt, U.S. Senator114:27ANY NOTICE TO IMPACTED MEMBERS. GUESS CLOSURE OF SUBPOENAS WOULD LEAD TO "DESTRUCTION OF OR TAMPERING WITH EVIDENCE" AND "INTIMIDATION OF POTENTIAL WITNESSES." SO WITH RESPECT TO MEMBERS OF THIS COMMITTEE, WHOSE RECORDS WERE SUBPOENAED, DO YOU BELIEVE THAT THERE WERE REASONABLE GROUNDS TO CONCLUDE THAT THE SENATORS ON THIS COMMITTEE WERE GOING TO HAVE INTIMIDATION OF POTENTIAL WITNESS IF NOTIFIED ABOUT A SUBPOENA, YES OR NO?

Katie Britt, U.S. Senator115:14MR. SMITH: NO. OUR CONCERN.

Jack Smith, Former Special Counsel115:21SEN. BRITT: WAIT, BUT THAT'S

Katie Britt, U.S. Senator115:23WHAT YOU SAID. THAT'S WHAT YOU SAID. SEN.

Dick Durbin, U.S. Senator115:26CAN WE LET THE WITNESS ANSWER? SEN. BRITT: YOU KNOW THAT? THAT IS WHAT YOU SAID.

Katie Britt, U.S. Senator115:32MY QUESTION IS A YES OR NO, AND HE ANSWERED IT. HE ANSWERED IT. MR.

Jack Smith, Former Special Counsel115:37THAT'S INCORRECT. SEN. BRITT: BASED ON THE RECORDS RELEASED BY CHAIRMAN GRASSLEY,

Katie Britt, U.S. Senator115:42IT APPEARS THE ACTUAL REASON FOR THE N.D.O.'S WAS TO AVOID GIVING THOSE MEMBERS THE OPPORTUNITY TO CHALLENGE THE SUBPOENAS PURSUANT TO THE PROTECTION THAT THEYEN VOID UNDER THE CONSTITUTION'S SPEECH AND DEBATE CLAUSE. AT THE BEGINNING, YOU SAID THAT YOU HAD NO PARTISAN LOYALTY, AND YOU SAID YOU WERE VERY FAMILIAR WITH ALL OF THIS LAW.

Katie Britt, U.S. Senator115:42BUT YOU AND YOUR TEAM WERE AWARE OF THE PROTECTIONS AND COURT OF ACTION THAT NONETHELESS WAS DESIGNED TO UNDERMINE THEM. TO UNDERMINE SENATOR GRAHAM. TO UNDERMINE SENATOR CRUZ, SENATOR HAWLEY, SENATOR BLACKBURN. IT'S IRONIC TO ME THAT IN CARRYING OUT AN INVESTIGATION FRAMED BY MANY, PARTICULARLY ON THE LEFT, AS A RIGHTEOUS CRUSADE TO DEFEND DEMOCRACY AND THE CONSTITUTION, YOUR TEAM TOOK ACTIONS TO DIRECTLY UNDERMINE THE SEPARATION OF POWERS AT THE HEART OF THE CONSTITUTION.

Katie Britt, U.S. Senator116:27THE TRUTH OF THE POISONOUS TREATY CONTINUES TO GROW. AND I'D LIKE TO ASK SEVERAL MORE QUESTIONS. YES, SIR, WELL, A LOT OF PEOPLE GOT BACK AND FORTH TIME THAT WASN'T INCLUDED AND PEOPLE HAVE GOTTEN MINUTES AFTERWARDS, SO I'M GOING TO ASK ONE MORE QUESTION, PLEASE, SIR.

Katie Britt, U.S. Senator116:27MR. SMITH, IT'S YOUR TESTIMONY TO THIS COMMITTEE THAT YOU OBSERVED THE PROPER INVESTIGATIVE PROTOCOLS AT ALL TIMES, INCLUDING THE FILTER TEAM PROTOCOLS. MR. SMITH: YES.

Jack Smith, Former Special Counsel117:23WE SOUGHT TO DO THINGS CONSISTENT WITH THE LAW DEPARTMENT POLICY AT ALL TIMES. SEN.

Katie Britt, U.S. Senator117:28JUST A CLARIFICATION, YOU NEVER SAID THAT YOU WANTED THIS CASE, NOT TO ONE PERSON, IN ANY WAY, SHAPE OR FORM DID YOU SEEK THIS CASE. MR. SMITH: I PREVIOUSLY

Jack Smith, Former Special Counsel117:42EXPLAINED THAT I HAD CONTACTED A FORMER COLLEAGUE AND INDICATED TO HIM I WISHED TO COME BACK TO THE JUSTICE DEPARTMENT, IF THERE WAS A CASE I COULD BE OF USE. THIS ENDED UP BEING THAT CASE, AND I ACCEPTED THE POSITION.

Jack Smith, Former Special Counsel117:44SEN. BRITT: YOU NEVER MENTIONED

Katie Britt, U.S. Senator117:58THIS CASE? NEVER? MR. SMITH: WHEN I BROUGHT UP THE IDEA OF COMING BACK TO THE

Jack Smith, Former Special Counsel118:04JUSTICE DEPARTMENT, I DO NOT RECALL MENTIONING THIS CASE. I'M NOT EVEN SURE THE EXACT TIMELINE OF THAT. WHAT I CAN SAY IS THAT EVENTUALLY, IT IS CORRECT THAT THIS POSITION WAS OFFERED TO ME, AND I DID ACCEPT IT.

Jack Smith, Former Special Counsel118:04SEN. BRITT: THANK YOU.

Katie Britt, U.S. Senator118:32>> THANK YOU, MR. CHAIRMAN. MR. SMITH, THANK YOU FOR BEING HERE. YOU'RE HERE VOLUNTARILY, CORRECT? MR. SMITH: YES. SENATOR BLUMENTHAL: YOU OFFERED

Jack Smith, Former Special Counsel118:44TO COME REPEATEDLY MORE THAN A

118:45YEAR AGO, CORRECT? MR. SMITH: INNING IT WAS LAST OCTOBER.

Jack Smith, Former Special Counsel118:51SEN. BLUMENTHAL: YOU DIDN'T NEED

Richard Blumenthal, U.S. Senator118:51TO BE SUBPOENAED TO COME HERE. YOU CAME HERE TO TELL YOUR STORY. I WANT TO GIVE YOU THE OPPORTUNITY TO RESPOND TO SENATOR BRITT'S QUESTIONS IF YOU FEEL ANYTHING TO ADD, BECAUSE YOU WERE INTERRUPTED REPEATEDLY.

Richard Blumenthal, U.S. Senator118:52I'M WILLING TO TAKE SOME OF MY TIME TO GIVE YOU AN OPPORTUNITY TO CLARIFY ANYTHING YOU'D LIKE. MR. SMITH: JUST VERY BRIEFLY,

Jack Smith, Former Special Counsel119:13OUR NONDISCLOSURE ORDERS WERE NOT PREDICATED ON THE IDEA THAT MEMBERS OF CONGRESS OR MEMBERS OF THIS COMMITTEE WOULD COMMIT ACTS OF OBSTRUCTION. IT WAS BASED ON A REAL CONCERN THAT DONALD TRUMP AND HIS ASSOCIATES WOULD DO THAT BECAUSE THEY HAD DONE IT, AND THEY DID IT AGAIN.

Jack Smith, Former Special Counsel119:16DONALD TRUMP, IN OUR CASE, IN THE ELECTIONS CASE, LATER SUGGESTED THAT A WITNESS, GENERAL MARK MILLE, SHOULD BE PUT TO DEATH. HE SAID IF YOU COME AFTER ME, I'M COMING AFTER YOU. COLLECTION WORKERS IN GEORGIA -- ELECTION WORKERS IN GEORGIA, RUBY FREEMAN AND HER DAUGHTER, BASED VILE, RACIST DEATH THREATS BECAUSE OF THE THINGS THAT DONALD TRUMP SAID AND HOW HE TARGETED HER.

Jack Smith, Former Special Counsel119:16WE HAD AN ABSOLUTE BASIS TO SEEK PROTECTION OF OUR INVESTIGATION FROM THAT SORT OF OBSTRUCTION. SEN. BLUMENTHAL: PRETTY CHILLING

Richard Blumenthal, U.S. Senator120:09STUFF. I THINK EVERYBODY WATCHING SHOULD BE CHILLED BY WHAT YOU JUST RECOUNTED. I WANT TO REMIND FOLKS WHY WE'RE HERE TODAY. AND I THINK A PICTURE IS WORTH A THOUSAND WORDS. WE'RE HERE TODAY BECAUSE DONALD TRUMP INCITED A MOB TO ATTACK US, THE CAPITOL, MEMBERS OF CONGRESS TO STOP THE COUNTING OF VOTES.

Richard Blumenthal, U.S. Senator120:09HE OBJECTED TO THE RESULT OF AN ELECTION. HE STOPPED THE PEACEFUL TRANSITION OF POWER BY INCITING RIOTERS TO ATTACK THE CAPITOL, INCLUDING EVERYBODY HERE TODAY. AND WE CAME TO THIS VERY ROOM ON THAT DAY SEEKING SAFETY, FINDING REFUGE.

Richard Blumenthal, U.S. Senator120:56WE WERE KEPT HERE FOR HOURS, AND THEN WE WERE GIVEN THE CHOICE TO SECRETLY GO HOME TO LEAVE HERE AS ARMS GUARDS SOUGHT TO PROTECT US IN THIS ROOM, AND I REMEMBER SITTING OVER IN THAT CORNER, TRYING TO RECHARGE MY PHONE SO I COULD CALL MY WIFE TO TELL HER I WAS OK.

Richard Blumenthal, U.S. Senator120:56THAT'S WHAT DONALD TRUMP DID. AND WE DECIDED, IT WAS A REALLY GREAT MOMENT IN THE HISTORY OF THIS BODY, AT LEAST RECENT HISTORY, THAT WE WOULD NOT GO HOME, THAT WE WOULD CONTINUE THE COUNTING OF VOTES, AND WE DECIDED, I WAS SOEN SPIDER BY THIS MOMENT, REPUBLICANS AND DEMOCRATS ALIKE, ALL OF THEM, THAT WE WANTED THAT TRANCE I GUESS SO OF DEMOCRACY TO GO FORWARD, AND IT DID.

Richard Blumenthal, U.S. Senator121:42IN SPITE OF DONALD TRUMP. TRUMP.SPITE D P E EVIDENCE IS THAT THE PERSON MOST RESPONSIBLE FOR WHAT HAPPENED ON JANUARY 6 6, THAT HE IS THE PERSON MOST RESPONSIBLE FOR WHAT HAPPENED ON JANUARY 6.

Richard Blumenthal, U.S. Senator122:28HE CAUSED WHAT HAPPENED. IT WAS FORESEEABLE TO HIM. THEN WHEN IT HAPPENED, HE TRIED TO EXPLOIT IT IN FURTHERANCE OF THE CONSPIRACY. DO YOU STAND BY THAT STATEMENT? MR. SMITH: I DO. SEN. BLUMENTHAL: YOU CONDUCTED

Jack Smith, Former Special Counsel122:53THIS INVESTIGATION THAT LASTED

Richard Blumenthal, U.S. Senator122:55MONTHS, CORRECT. MR. SMITH: CORRECT. SEN. BLUMENTHAL: YOU CONCLUDED

Jack Smith, Former Special Counsel122:59THAT ON JANUARY 6, DONALD TRUMP

Richard Blumenthal, U.S. Senator123:02DIRECTED AN ANGRY MOB TO THE U.S. CAPITOL TO OBSTRUCT CONGRESSIONAL CERTIFICATION OF THE PRESIDENTIAL ELECTION, CORRECT? MR. SMITH: YES. SEN. BLUMENTHAL: AND HE

Jack Smith, Former Special Counsel123:15EXPLOITED IT TO DELAY THE COUNTY

Richard Blumenthal, U.S. Senator123:22OF THE VOTE, CORRECT? MR. SMITH: CORRECT. SEN. BLUMENTHAL: A RESULT OF A

Jack Smith, Former Special Counsel123:23CRIMINAL CONSPIRACY THAT

Richard Blumenthal, U.S. Senator123:25RESULTED FROM HIS DENYING THE RESULTS OF THE 2020 ELECTION, CORRECT? MR. SMITH: CORRECT. SEN. BLUMENTHAL: AND HE KNEW

Jack Smith, Former Special Counsel123:33THOSE CLAIMS WERE FALSE.

Richard Blumenthal, U.S. Senator123:34MR. SMITH: YES, THAT IS WHAT WE

Jack Smith, Former Special Counsel123:39ALLEGED IN WHAT WAS PROVED IN TRIAL. SEN.

Richard Blumenthal, U.S. Senator123:43YOU PROVED BEYOND REASONABLE DOUBT, CORRECT? MR. SMITH: ABSOLUTELY. EVEN THOUGH THE STANDARD WAS

Jack Smith, Former Special Counsel123:51PROBABLE CAUSE, BECAUSE YOU HAD PROOF BEYOND A REASONABLE DOUBT. MR. SMITH: YES, WE HAVE EVIDENCE FROM A VARIETY OF RESOURCES. WE HAD REPUBLICANS WHO WANTED DONALD TRUMP TO WIN THE ELECTION, PEOPLE WHO HOPED HE WOULD WIN WIN, WHO PUT COUNTRY BEFORE PARTY PARTY.

Jack Smith, Former Special Counsel124:02THOSE WERE POWERFUL WITNESSES. WE ALSO HAD LAW ENFORCEMENT OFFICIALS WHO WENT TO DEFEND THIS CAPITOL, WHO PUT THEIR LIVES ON THE LINE FOR DEMOCRACY. SEN. BLUMENTHAL: MORE THAN 140

Richard Blumenthal, U.S. Senator124:25WERE SALTY, CORRECT? MR. SMITH: YES. SEN. BLUMENTHAL: THE INCITING OF

Jack Smith, Former Special Counsel124:31THAT MOB AND THE RIOT WAS

Richard Blumenthal, U.S. Senator124:34FOLLOWING HIS ATTEMPT TO INDUCE STATE OFFICIALS OFFICIALS. THIS POINT IS REALLY IMPORTANT. INDUCE STATE OFFICIALS TO IGNORE THE TRUE VOTE COUNT AND MANUFACTURE FRAUDULENT STATE ELECTORS SLATES AND NOT JUST ONE OR TWO BUT SEVEN SEPARATE STATES, CORRECT CORRECT?

Richard Blumenthal, U.S. Senator124:34MR. SMITH: YES. SEN. BLUMENTHAL: THESE CHARGES

Jack Smith, Former Special Counsel125:03WERE NOT BROUGHT BY YOU

Richard Blumenthal, U.S. Senator125:04PERSONALLY, THEY WERE IS -- A RESULT OF A GRAND JURY INDICTMENT INVOLVING -- HOW MANY PEOPLE? MR. SMITH: UP TO 23 23. SEN. BLUMENTHAL: EVERYDAY

Jack Smith, Former Special Counsel125:17AMERICANS, CORRECT?

Richard Blumenthal, U.S. Senator125:18MR. SMITH: YES. SEN. COTTON: -- SEN. BLUMENTHAL:

Jack Smith, Former Special Counsel125:22THEIR IDENTITIES ARE PROTECTED,

125:26CORRECT? MR. SMITH: YES. SEN. BLUMENTHAL: THIS WAS NOT

Jack Smith, Former Special Counsel125:30THE RESULT OF SOME EXTRAORDINARY

Richard Blumenthal, U.S. Senator125:32PROCESS PROCESS. I'M A FORMER FEDERAL PROSECUTOR, WAS U.S. ATTORNEY IN CONNECTICUT, STATE ATTORNEY GENERAL AND CONNECTICUT CONNECTICUT. INDICTMENTS ARE RETURNED BY GRAND JURY'S COMPOSED OF 23 EVERYDAY AMERICANS IN THE COURSE OF CRIMINAL PROCEEDINGS THROUGHOUT THE COUNTRY, AND THAT IS WHAT -- THE WAY THE PROCESS WORKS, CORRECT?

Richard Blumenthal, U.S. Senator125:32MR. SMITH: THAT IS CORRECT. SEN. BLUMENTHAL: NOW NOW, THERE IS

Jack Smith, Former Special Counsel126:01SOMETHING LARGER AT STAKE HERE,

Richard Blumenthal, U.S. Senator126:02I THINK THINK, AND I THINK YOU HAVE ALLUDED TO IT. THE REASON WHY THESE CRIMINAL CHARGES, AND THEY ARE SERIOUS FELONY COUNTS AGAINST DONALD TRUMP ARE SO IMPORTANT IS DETERRENCE DETERRENCE. THAT IS WHAT CONVICTION WOULD HAVE BEEN IMPORTANT, AND IT WAS FORESTALLED BY FORCES BEYOND YOUR CONTROL CONTROL.

Richard Blumenthal, U.S. Senator126:02BUT DETERRENCE OF CRIMINAL CONDUCT IS ONE OF THE VALID GOALS OF CRIMINAL PROCEEDINGS, CORRECT? MR. SMITH: YES, IT IS. SEN. BLUMENTHAL: AND WHAT WE'RE

Jack Smith, Former Special Counsel126:41TRYING TO DETER HERE IS AN

Richard Blumenthal, U.S. Senator126:44ATTACK ON DEMOCRACY, ANOTHER ASSAULT ON THE CAPITOL OR SOME OTHER SYMBOL OF DEMOCRACY DEMOCRACY, AND MORE THAN A SYMBOL SYMBOL, IT IS THE FULCRUM FULCRUM, ONE OF THE CENTRAL POINTS OF OUR DEMOCRACY. WE WANT TO MAKE SURE THAT THIS ATTACK ON OUR ELECTIONS SYSTEM DOES NOT HAPPEN AGAIN AGAIN.

Richard Blumenthal, U.S. Senator126:44MR. SMITH: YES.

Jack Smith, Former Special Counsel127:12SEN. BLUMENTHAL: SO THIS CRIMINAL PROCEEDING IS NOT ABOUT

Richard Blumenthal, U.S. Senator127:16PERSONAL RETRIBUTION AGAINST DONALD TRUMP TRUMP. IT REALLY IS, IN A SENSE, DEFENSE OF OUR DEMOCRACY TO STOP ANOTHER ATTACK ON OUR DEMOCRACY, CORRECT? MR. SMITH: WE BROUGHT THE CASE BASED ON THE FACTS AND THE LAW.

Jack Smith, Former Special Counsel127:32MY VIEW IS THAT THOSE FACTS, AND WE SUPPORTED THE PROSECUTION WE BROUGHT. SEN.

Richard Blumenthal, U.S. Senator127:38BUT YOU DID NOT BRING IT AS A MATTER OF PUBLIC POLICY, YOU BROUGHT IT IS A PROSECUTOR FOLLOWING THE FACTS OF THE LAW, CORRECT? MR. SMITH: CORRECT, AS A PROSECUTOR, I WORKED WITHIN THE

Jack Smith, Former Special Counsel127:50CONFINES OF MY PROFESSION AND THE RULES OF THE DEPARTMENT, AS WELL AS THE LAW. MY JOB IS TO FOLLOW THE FACTS OF THE LAW AND BRING A CASE AS APPROPRIATE AND NOT BRING A CASE THAT IS APPROPRIATE, AND THAT IS WHAT WE DID.

Jack Smith, Former Special Counsel127:50SEN. BLUMENTHAL: I WANT TO SHOW

Richard Blumenthal, U.S. Senator128:03YOU A PICTURE I WANT TO SHOW YOU A PICTURE, YOU'RE GOING TO RECOGNIZE IT, EVEN THOUGH I KNOW IT WILL BE DIFFICULT TO SEE. IT COMES FROM ONE OF THE INDICTMENTS FROM THE GRAND JURY.

Richard Blumenthal, U.S. Senator128:07IT IS OF HOW IT IS OF HOW DONALD TRUMP STORED CLASSIFIED DOCUMENTS IN HIS BALLROOM AND BATHROOM, AND HIS PERSONAL HOME, THESE WERE CLASSIFIED DOCUMENTS THAT HE BRAGGED WERE SECRETS. HE SHOWED IT TO VISITING JOURNALISTS, SHOWED IT TO FRIENDS, AND HE STORED IT IN THIS WAY WAY, WITH THE DOCUMENTS SALOON ACROSS THE FLOOR, CLASSIFIED DOCUMENTS ABOUT AMERICAN VULNERABILITIES TO ATTACK BY OUR ENEMIES -- THE DOCUMENTS WERE THROWN ACROSS THE FLOOR, ABOUT ATTACKS BY OUR ENEMIES AND PLANS FOR COUNTERATTACKS.

Richard Blumenthal, U.S. Senator128:53IS THAT HOW CLASSIFIED DOCUMENTS SHOULD BE STORED, MR. SMITH? MR. SMITH: NO. SEN. BLUMENTHAL: AND HE WAS

Jack Smith, Former Special Counsel129:02INDICTED BY A GRAND JURY FOR

Richard Blumenthal, U.S. Senator129:03TAKING THOSE CLASSIFIED DOCUMENTS WITHOUT AUTHORIZATION AND WITHOUT SAFEGUARDING THEM IN EVEN THE MOST MINIMAL WAY WAY. HE DID NOT EVEN PUT THEM IN A SAFE OR A CLOSET. THEY WERE ACROSS THE FLOOR, CORRECT?

Richard Blumenthal, U.S. Senator129:03MR. SMITH: THE INDICTMENT IS THE ALLEGATIONS WE BROUGHT AND THAT

Jack Smith, Former Special Counsel129:22THE GRAND JURY HAD. SEN. BLUMENTHAL: THANK YOU.

Richard Blumenthal, U.S. Senator129:33SEN. LEE: IN YOUR TESTIMONY BEFORE THE HOUSE OF

Mike Lee, U.S. Senator129:37REPRESENTATIVES, YOU TESTIFIED UNDER OATH THAT THE INFORMATION YOU SOUGHT FOR MANY OF YOUR TARGETS, INCLUDING MEMBERS OF CONGRESS, YOU SOUGHT ONLY TOLL RECORDS, CORRECT? MR. SMITH: I DID NOT TESTIFY THAT MEMBERS OF CONGRESS WERE

Jack Smith, Former Special Counsel129:55TARGETS OF OUR INVESTIGATION. I DID ANSWER QUESTIONS ABOUT TOLL RECORDS, AND IN EACH QUESTION I WAS ASKED, I ANSWERED TRUTHFULLY. SEN. LEE: OK.

Mike Lee, U.S. Senator130:05BUT YOUR STATEMENT WAS TO THE EFFECT THAT, FOR THE RECORDS THAT YOU REQUESTED AS TO CELL PHONES OF MEMBERS OF CONGRESS, YOU ARE SEEKING ONLY TOLL RECORDS, DID YOU NOT? MR. SMITH: NO. SEN. LEE: DID YOU SEEK MORE THAN

Jack Smith, Former Special Counsel130:20TOLL RECORDS?

Mike Lee, U.S. Senator130:22MR. SMITH: THE RECORDS THAT WE SOUGHT SOUGHT, THE TOLL RECORD

Jack Smith, Former Special Counsel130:28SUBPOENAS WE TALKED ABOUT, THERE WAS ALSO ALSO, PREVIOUS TO MY TIME AS SPECIAL COUNSEL, A SEARCH WARRANT EXECUTED ON THE TELEPHONE OF A MEMBER OF CONGRESS, CONGRESSMAN SCOTT PERRY. IN ADDITION TO THAT, WE DID REQUEST RECORDS FROM THE NATIONAL ARCHIVES ARCHIVES, AND EXECUTIVE AGENCY REGARDING WHITE HOUSE PHONES.

Jack Smith, Former Special Counsel130:28I UNDERSTAND THAT THOSE WHITE HOUSE PHONES ENDED UP HAVING -- SEN. LEE: INCENTIVE DUAL

Mike Lee, U.S. Senator130:59COMMUNICATIONS INVOLVING SOME MEMBERS OF CONGRESS. BY THE WAY, WHEN YOU USE THE TERM TOLL RECORDS, DEFINE WHAT YOU MEAN. MR. SMITH: MY UNDERSTANDING OF

Jack Smith, Former Special Counsel131:08WHAT IT WILL RECORD GIVES YOU IS WHO PLACED A CALL, WHO THE CALL WAS TO TO, AND THE DURATION OF THE CALL. THAT IS MY UNDERSTANDING OF WHAT YOU GET FROM A TOLL RECORD SUBPOENA.

Jack Smith, Former Special Counsel131:11IT DOES NOT INCLUDE, FOR EXAMPLE, THE CONTENT OF THE CALL. SEN. LEE: OK.

Mike Lee, U.S. Senator131:31IN DECEMBER OF 2022, YOU AND YOUR TEAM SENT PRESERVATION REQUESTS TO APPLE. THESE ARE PRESERVATION REQUESTS THAT WENT NOT TO THE CUT -- TO THE TELECOM PROVIDERS, NOT TO T-MOBILE, VERIZON, OR AT&T, BUT RATHER, TO APPLE, DEMANDING APPLE PRESERVE THE ENTIRE CONTENTS OF TARGETED PHONES, THAT EVERYTHING CONTAINED ON THE TARGETED PHONE, ON THE TARGETED APPLE ID, WHICH WOULD INCLUDE ALL DEVICES ATTACHED TO THAT APPLE ID ACCOUNT ACCOUNT, THIS COULD INCLUDE INFORMATION INFORMATION, NATURALLY WOOD, AND SOME CIRCUMSTANCES IT WOULD COVER NOT JUST THE DAYS, WEEKS, OR MONTHS AND QUESTIONE QUESTIONE, BUT MANY YEARS, PERHAPS A DECADE OR MORE, OF INFORMATION.

Mike Lee, U.S. Senator132:20SPECIFICALLY DIRECTED BY YOU AND YOUR TEAM, YOU ORDERED APPLE NOT TO DISCLOSE THE REQUEST AND TO CONTACT YOU AND YOUR TEAM FIRST IF THE USERS WERE ABOUT TO BE ALERTED, CORRECT? MR. SMITH: I DON'T HAVE A RECOLLECTION OF SPECIFIC

Jack Smith, Former Special Counsel132:41REQUESTS. JUST TO BE CLEAR -- SEN.

Mike Lee, U.S. Senator132:43I AM GOING TO HAND YOU TWO COPIES OF THESE REQUESTS, ONE IN DECEMBER OF 2022 AND ANOTHER ONE IN MARCH OF 2023, EXTENDING THE TIME FRAME AND ASKING FOR AN ADDITIONAL 90 DAYS OF THAT INFORMATION.

Mike Lee, U.S. Senator132:46MR. SMITH: WHAT I WANTED TO MAKE

Jack Smith, Former Special Counsel133:00CLEAR IS THAT A PRESERVATION REQUEST GIVES A PROSECUTOR NO INFORMATION WHATSOEVER. IT JUST LEAVES OPEN THE POSSIBILITY FOR A REQUEST IN THE FUTURE. SEN.

Mike Lee, U.S. Senator133:09YES, YES. WITH THESE PRESERVATION REQUESTS, YOU COVER A LOT MORE THAN TOLL RECORDS RECORDS. IN THE PRESERVATION REQUEST, AND IT IS BASICALLY EVERYTHING ON THAT PHONE PHONE, IT IS SWEEPING. ONE QUESTION I HAVE GOT FOR YOU IS WHY MAKE SUCH A BROAD PRESERVATION REQUEST IF YOU INTENDED ONLY TO SEEK TOLL RECORDS?

Mike Lee, U.S. Senator133:12MR. SMITH: YOU WANT ME TO TAKE THE TIME AND READ THESE RECORDS

Jack Smith, Former Special Counsel133:40NOW OR YOU WANT ME TO TELL YOU HOW I UNDERSTAND THIS WORKS? SEN. LEE: TELL ME HOW YOU UNDERSTAND IT WORKS.

Mike Lee, U.S. Senator133:46THE PART I AM MOST INTERESTED IN AND I BELIEVE APPEARS ON THE SECOND PAGE OF BOTH THE DECEMBER 2022 LETTER AND MARCH 2023 LETTER, BASICALLY SAYS ALL DOCUMENTS AND ALL DATA ON THE PHONE IN QUESTION.

Mike Lee, U.S. Senator133:46TELL ME WHY IT IS YOU MAKE SUCH A BROAD PRESERVATION REQUEST IF YOU DID NOT INTEND TO GET ANYTHING BEYOND TOLL RECORDS? MR. SMITH: NOT HAVING SEEN THESE IN SOME TIME, MY UNDERSTANDING

Jack Smith, Former Special Counsel134:12IS THAT PRESERVATION REQUESTS ARE, BY THEIR NATURE, BROAD BECAUSE WHEN YOU ARE EARLY IN AN INVESTIGATION, YOU DO NOT KNOW WHAT WILL DEVELOP LATER ON. AGAIN, MY UNDERSTANDING GENERALLY IS A PROSECUTOR FOR A NUMBER OF YEARS IS THESE PRESERVATION REQUESTS ARE PRETTY BOILERPLATE, IN THE SENSE THAT PROSECUTOR'S REQUEST KIND OF THE SAME INFORMATION INFORMATION, A BROAD ARRAY OF INFORMATION, TO BE PRESERVED.

Jack Smith, Former Special Counsel134:12IN ANY CASE. SEN. LEE: I GET THAT.

Mike Lee, U.S. Senator134:44AND THESE PRESERVATION REQUESTS SIGNED BY MEMBERS OF YOUR TEAM TEAM, IF THEY ASKED THEM NOT TO DISCLOSE ANYTHING ABOUT THIS -- I WANT TO GET BACK FOR A MOMENT TO SUBPOENAS THAT ACTUALLY WERE ISSUED, THEN I WILL CIRCLE BACK TO THE GAG ORDERS IN A MOMENT.

Mike Lee, U.S. Senator134:49THE SPEECH AND DEBATE CLAUSE OF ARTICLE ONE, SECTION SIX, CLAUSE ONE, CAN FACTOR INTO SOME OF THESE THESE, INSOFAR AS YOU AND YOUR TEAM ARE LOOKING INTO COMMUNICATIONS OF INDIVIDUAL MEMBERS TEAM ARE LOOKING INTO COMMUNICATIONS OF INDIVIDUAL MEMBERS, OFFICERS OF A COORDINATE BRANCH OF GOVERNMENT GOVERNMENT, HERE THE LEGISLATIVE BRANCH, THE HOUSE AND SENATE.

Mike Lee, U.S. Senator134:49AND IT IS THERE TO GIVE THEM A TYPE OF PRIVILEGE PRIVILEGE, THEIR INTERNAL DELIBERATIVE PROCESSES INVOLVING THEIR LEGISLATIVE ACTIONS INTERNAL DELIBERATIVE PROCESSES INVOLVING THEIR LEGISLATIVE ACTIONS, INCLUDING THINGS LIKE CONGRESS OBLIGATION TO OPEN AND COUNT ELECTORAL VOTES.

Mike Lee, U.S. Senator135:35ON THIS AND MATTERS BROADLY, THE DEPARTMENT OF JUSTICE' OWN PUBLIC INTEGRITY SECTION DID GIVE YOU EXPLICIT WARNINGS THAT GOING AFTER THE PHONE RECORDS OF MEMBERS OF THE LEGISLATIVE BRANCH CARRIED WHAT THEY REFERRED TO AS LITIGATION RISKS DUE TO THESE CONSTITUTIONAL PRIVILEGES.

Mike Lee, U.S. Senator135:35YET, WITH YOUR EXPRESSED APPROVAL, YOUR OFFICE ISSUED 44 SUBPOENAS THAT WERE WRAPPED IN VERY STRICT GAG ORDERS. AT LEAST 19 OF THOSE TARGETS WERE, IN FACT, OFFICERS OF A COORDINATE BRANCH OF GOVERNMENT, THAT IS THE LEGISLATIVE BRANCH.

Mike Lee, U.S. Senator136:21CHIEF JUSTICE OF THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SIGNED TO THOSE GAG ORDERS. AS YOU ADMITTED ON PAGE 42 OF YOUR DEPOSITION BEFORE THE HOUSE JUDICIARY COMMITTEE, YOU NEVER ACTUALLY TOLD CHIEF JUDGE BOWES THAT YOU ARE TARGETING 19 MEMBERS OF A COORDINATE BRANCH OF GOVERNMENT, THE LEGISLATIVE BRANCH, IS THAT RIGHT?

Mike Lee, U.S. Senator136:21MR. SMITH: ARE WE SPEAKING ABOUT THE TOLL RECORDS RECORDS?

Jack Smith, Former Special Counsel137:02SEN. LEE: THE ONE SIGNED BY CHIEF JUDGE BOASBERGB BOASBERG.

Mike Lee, U.S. Senator137:10MR. SMITH: I THINK HE SIGNED OFF

Jack Smith, Former Special Counsel137:12ON THE DISCLOSURE ORDER THAT WENT WITH THE SUBPOENAS. MY RECOLLECTION IS THAT PURSUANT TO DEPARTMENT OF PUBLIC POLICY, WE DO NOT SHARE WITH THEM WHO THE UNDERLYING TOLL RECORDS WERE FOUR AT THAT TIME.

Jack Smith, Former Special Counsel137:13SEN. LEE: OK, THIS HIGHLIGHTS AN

Mike Lee, U.S. Senator137:26UNDERSCORE SOMETHING MY FRIEND AND COLLEAGUE, SENATOR COONS, REFERENCED. HE AND I HAVE A BIPARTISAN BILL THAT IS A FAIRNESS ACT THAT SEEKS TO GUARANTEE, AS THE NAME IMPLIES, FAIRNESS AND NONDISCLOSURE ORDERS ISSUED BY COURTS.

Mike Lee, U.S. Senator137:28THERE SHOULD BE AN ARTICULATED BASIS FOR SECRECY WHEN YOU ARE ASKING FOR A GAG ORDER. THAT BILL HAS BEEN PASSED UNANIMOUSLY BY PAST REPRESENTATIVES. THE SENATE NEEDS TO PASS IT AND MUST PASS IT.

Mike Lee, U.S. Senator137:28EVEN WITHOUT THAT PAST, OBVIOUSLY, IT IS NOT LONG NOW BUT WAS NOT IN DECEMBER OF 2022 OR 2023 OR AT ANY POINT. BUT STILL, THE SPEECH AND DEBATE CLAUSE OF ARTICLE ONE SECTION SIX WAS INTACT AND HAS BEEN SINCE 1789 WHEN THE CONSTITUTION WAS RATIFIED.

Mike Lee, U.S. Senator138:14SHE DID THAT PLAY SOME ROLE HERE? AND DOESN'T THAT -- SHOULDN'T THAT HAVE BEEN MORE CAREFULLY CONSIDERED AS YOU WERE SEEKING THESE RECORDS INVOLVING MEMBERS OF A COORDINATE BRANCH OF GOVERNMENT, THE LEGISLATIVE BRANCH, WHO WERE SEEKING THESE DOCUMENTS?

Mike Lee, U.S. Senator138:14MR. SMITH: WHEN WE REQUESTED THE TOLL RECORD SUBPOENAS, I HAD

Jack Smith, Former Special Counsel138:46STAFF WHO WERE FAMILIAR WITH THE SPEECH AND DEBATE CLAUSE, THEY IN LITIGATED ISSUES RELATED TO IT. I MADE IT A CONDITION OF GETTING THESE SUBPOENAS THAT THE PUBLIC INTEGRITY SECTION BE CONSULTED CONSULTED. MY RECOLLECTION IS THAT THEY APPROVED OF THE SUBPOENAS SUBPOENAS, AND AS A RESULT OF THAT, THAT IS WHY WE SOUGHT THE SUBPOENAS.

Jack Smith, Former Special Counsel138:46SO, IN MY VIEW, WE DID CONSIDER THESE ISSUES WITH RESPECT TO THE BILL YOU MENTIONED, I AM NOT FAMILIAR WITH THAT. AS A PROSECUTOR, MY JOB IS TO FOLLOW THE LAW AND REGULATIONS AS THEY EXIST.

Jack Smith, Former Special Counsel138:46SEN.

Mike Lee, U.S. Senator139:22I GET IT. MY POINT IS TO MAKE THE CASE FOR THIS. I WANT T TO MAKE SURE I UNDERSTAND. DO YOU DEFINE TOLL RECORDS TO INCLUDE GEOLOCATION DATA? MR. SMITH: I WOULD HAVE TO LOOK AT THE SUBPOENA.

Jack Smith, Former Special Counsel139:36MY UNDERSTANDING OF WHAT WAS MOST RELEVANT TO US WOULD BE THE TO AND FROM AND DURATION. I HAVE NOT LOOKED AT ONE OF THOSE SUBPOENAS AND A LONG TIME. AGAIN, LIKE THE PRESERVATION REQUESTS, I THINK THE INFORMATION REQUESTED IS PRETTY STANDARD IN THOSE SUBPOENAS.

Jack Smith, Former Special Counsel139:36I DO NOT RECALL AS I SIT HERE WHETHER THERE WERE OTHER THINGS. I FOCUSED ON THE TO AND FROM -- SEN. LEE: I GET IT, AND I AM OUT

Mike Lee, U.S. Senator140:07OF TIME. MY POINT IS THIS, EVEN WITHOUT THAT BILL, NOT YET LOW, NEEDS TO BECOME LAW, THERE WERE STILL ALL KINDS OF LIMITATIONS, EVEN SEPARATE AND APART FROM THE DEBATE TALKS. SUPREME COURT PRECEDENT INVOLVING JONES, CARPENTER, MORE RECENTLY TREACHERY RECOGNIZES THAT THE FOURTH AMENDMENT AMENDMENT, SPECIAL INSOFAR AS YOU ARE SEEKING THINGS LIKE GEOLOCATION DATA, YOU CAN GET SUCH AN EXQUISITE VIEW INTO SOMEONE'S LIFE BY TRACKING THEM THAT, WHEN YOU REQUESTED THIS WITH NEW TECHNOLOGY, THAT IMPLICATES THE FOURTH AMENDMENT IN A VERY DIRECT WAY.

Mike Lee, U.S. Senator140:08IN A VERY DIRECT WAY THAT OFTEN REQUIRES COMPLIANCE, NOT ONLY WITH THE FOURTH AMENDMENT AMENDMENT'S PROBABLE CAUSE REQUIREMENT BUT ALSO WITH THE PARTICULARITY REQUIREMENT. THE AMERICAN WAS FOUGHT AND WON BECAUSE OF THE FLAGRANT ABUSE BY THE CROWN AND PARLIAMENT OF THOSE PRIVACY PROTECTIONS, WHICH HAVE THEIR ORIGINS IN MANY CENTURIES OF ANGLO-AMERICAN LEGAL PRECEDENT AND TRADITION.

Mike Lee, U.S. Senator140:54PRIOR TO THE AMERICAN REVOLUTION AND PRIOR TO THE CONSTITUTION. YOU TRAMPLED ON THOSE, SIR, AND YOU DID SO IN A WAY THAT ARGUABLY MAKES WHAT RICHARD NIXON DID IN WATERGATE LOOK LIKE A SUNDAY PICNIC.

Mike Lee, U.S. Senator140:54CHAIR GRASSLEY: WITHOUT

Chuck Grassley, Chair, Senate Judiciary Committee141:31OBJECTION, I WILL ENTER INTO THE RECORD PRESERVATION REQUEST FROM THE FBI, THE MAJORITY OF WHICH WERE MR. SMITH'S REQUESTS TO APPLE AND GOOGLE FOR A MEMBER OF CONGRESS RECORD. SENATOR HIRONO. SEN.

Mazie Hirono, U.S. Senator141:47THANK YOU, MR. CHAIRMAN. MR. SMITH, THANK YOU FOR VOLUNTEERING TO TESTIFY TODAY, AND IT HAS BEEN ABOUT A YEAR SINCE YOU OFFERED TO DO THAT, AND I'M GLAD THAT MY REPUBLICAN COLLEAGUES HAVE FINALLY ALLOWED YOU TO COME AND TESTIFY TESTIFY.

Mazie Hirono, U.S. Senator141:49BUT FROM WHAT I HAVE BEEN HEARING HEARING, I DON'T THINK MY REPUBLICAN COLLEAGUES REALLY WANT TO GET TO THE BOTTOM OF WHAT HAPPENED HAPPENED, WHAT HAPPENED THAT LED TO YOUR LAWFUL INVESTIGATIONS INTO THE CRIMES COMMITTED BY PRESIDENT TRUMP TRUMP, INCLUDING, BY THE WAY, WE WERE WITNESS TO A NARRATIVE, A FALSE NARRATIVE ACCUSING YOU OF BEING AT A GAME GAME, THAT YOU WERE NOWHERE NEAR, AND I SUPPOSE THAT WAS SUPPOSED TO BE IN FURTHERANCE OF SOME SORT OF CONSPIRACY OR SOMETHING.

Mazie Hirono, U.S. Senator142:35I REALLY DON'T KNOW KNOW, BUT I WOULD HOPE THAT MEMBERS OF THIS COMMITTEE WOULD NOT MAKE THOSE KINDS OF ACCUSATIONS AND THEN TO CALL YOU NAMES ON TOP OF THAT. WELL WELL, WE WANT TO GET TO THE BOTTOM OF WHAT HAPPENED WHEN YOU WERE SPECIAL COUNSEL COUNSEL.

Mazie Hirono, U.S. Senator142:35A LOT OF THE FACTS -- IN FACT, THE FACTS SURROUNDING WHAT HAPPENED ON JANUARY 6 ARE FACTS. AS JOHN ADAMS ONCE SAID, FACTS ARE STUBBORN THINGS THINGS. IN THE FACTS HERE AGAIN ARE DAMMING DAMMING.

Mazie Hirono, U.S. Senator143:21IN AUGUST 2024, YOU OBTAINED A REVISED INDICTMENT FROM A GRAND JURY. MR. CHAIRMAN, I WOULD LIKE TO HAVE THIS INDICTMENT INCLUDED IN THE RECORD RECORD. I ASK UNANIMOUS CONSENT THAT THE 36-PAGE INDICTMENT BE INCLUDED.

Mazie Hirono, U.S. Senator143:21CHAIR GRASSLEY: WITHOUT OBJECTION.

Chuck Grassley, Chair, Senate Judiciary Committee143:44SEN. HIRONO: THIS 36-PAGE

Mazie Hirono, U.S. Senator143:46INDICTMENT LAYS OUT IN DETAIL THE WAY PRESIDENT TRUMP AND HIS CO-CONSPIRATORS PRESSURED AND HARASSED STATE OFFICIALS AND ELECTION WORKERS TO UNDERMINE CONFIDENCE IN THE 2020 ELECTION, INCLUDING CALLING GEORGIA'S SECRETARY OF STATE AND TELLING HIM TO "FIND" OVER 11,000 VOTES AND SUGGESTING HE COULD BE PROSECUTED IF HE FAILED TO FIND HIS VOTES.

Mazie Hirono, U.S. Senator143:47THE INDICTMENT AND OUTLINES A COORDINATED, MULTISTATE SCHEME TO ASSEMBLE GROUPS OF FAKE ELECTORS -- FAKE ELECTORS TO SET UP A LEGAL DISPUTE IN CONGRESS OVER CERTIFICATION OF ELECTION. THE INDICTMENT NEXT DETAILS A CAMPAIGN OF OUR PRESIDENT TRUMP TO COERCE VICE PRESIDENT PENCE TO DERAIL THE ELECTORAL CERTIFICATION PROCESS ON JANUARY 6, SEEKING TO HAVE HIM FRAUDULENTLY ALTER THE ELECTION RESULTS.

Mazie Hirono, U.S. Senator144:33AND WHEN PENCE SAID THERE WAS NO CONSTITUTIONAL BASIS FOR HIM TO DO THAT, PRESIDENT TRUMP TOLD VICE PRESIDENT PENCE PENCE, YOU ARE TOO HONEST. FINALLY, THE INDICTMENT OUTLINES THE WAY PRESIDENT TRUMP AND HIS CO-CONSPIRATORS EXPLOITED THE VIOLENCE AND CHAOS AT THE CAPITOL AND AS THE CAPITOL WAS ATTACKED BY A VIOLENT MOB.

Mazie Hirono, U.S. Senator144:33THIS INCLUDED PRESIDENT TRUMP HAVING A CO-CONSPIRATOR CALL TO LAWMAKERS TO TRY TO DELAY THE CERTIFICATION OF AN ELECTION. ONLY THE HEROIC ACTIONS OF LAW ENFORCEMENT ALLOWED RESTORATION OF ORDER AND THE COMPLETION OF THE LEGITIMATE CERTIFICATION OF THE ELECTION ELECTION, AND OTHER PROCESS, IT WAS A CHAOTIC DAY.

Mazie Hirono, U.S. Senator145:19I WAS THERE. MANY OF US WERE THERE. NOW, LEGALLY, THE ALLEGATIONS IN THE INDICTMENT I JUST SUMMARIZED ARE ONLY ALLEGATIONS BECAUSE, THANKS TO PRESIDENT TRUMP'S DELAYING TACTICS AND A WILLING SUPREME COURT, MR. SMITH NEVER GOT THE CHANCE TO PROVE THEM -- THESE ALLEGATIONS TO A JURY.

Mazie Hirono, U.S. Senator145:19BUT THOSE EVENTS HAPPENED. WE WERE ALL HERE. THOSE CRIMES WERE COMMITTED. PRESIDENT TRUMP LOST THE 2020 ELECTION, AND HE WOULD NOT ACCEPT HIS LOSS AND COMMITTED A SERIES OF CRIMES AND HIS ATTEMPT TO KEEP POWER.

Mazie Hirono, U.S. Senator146:04AND FACT, TO THIS DAY, PRESIDENT TRUMP CANNOT ADMIT THAT HE LOST THE 2020 ELECTION. AND EVERY SINGLE ONE OF HIS NOMINEES, ALL HIS JUDICIAL NOMINEES, HIS EXECUTIVE BRANCH NOMINEES, EVERY SINGLE ONE OF THEM THEM, WHEN THEY'RE ASKED WHO WON THE 2020 ELECTION, ARE UNABLE TO SAY THAT JOE BIDEN WON THE ELECTION.

Mazie Hirono, U.S. Senator146:04THAT IS HOW MUCH PRESIDENT TRUMP IS HANGING ONTO THIS LIE, TO HIS LIE THAT HE LOST THE 2020 ELECTION. I WOULD LIKE TO TURN TO YOU, MR. SMITH SMITH. UNDER FEDERAL LAW LAW, EACH OF THE ALLEGATIONS IN THE AUGUST 2024 INDICTMENT HAD TO BE FOUND TO BE SUPPORTED BY PROBABLE CAUSE BY AT LEAST 12 GRAND JURORS, CORRECT?

Mazie Hirono, U.S. Senator146:49MR. SMITH: THAT IS CORRECT. SEN. HIRONO: AND IS A FEDERAL

Jack Smith, Former Special Counsel147:12PROSECUTOR, UNDER THE JUSTICE

Mazie Hirono, U.S. Senator147:14MANUAL MANUAL, ETHICS RULES, AND PEACEFUL -- CASE LAW, YOU HAVE TO BELIEVE IN GOOD FAITH THAT THE ALLEGATIONS CONTAINED IN THE INDICTMENT WERE TRUE AND PROVABLE BEYOND A REASONABLE DOUBT IN COURT. IS THAT CORRECT?

Mazie Hirono, U.S. Senator147:14MR. SMITH: YES, LEGALLY WE COULD PROVE OUR CASE IN COURT BEYOND

Jack Smith, Former Special Counsel147:36REASONABLE DOUBT -- WE BELIEVE WE COULD PROVE THE BEYOND REASONABLE DOUBT. SEN.

Mazie Hirono, U.S. Senator147:39YOU NEVER GOT THE CHANCE. IT IS NOT CLEAR WHETHER CRITICS OF YOUR INVESTIGATION ARE UPSET ABOUT THIS INVESTIGATIONS BEING OPEN OR ABOUT WHERE THEY LEAD LEAD. SO LET'S START WITH THE INVESTIGATIONS BEING OPENED.

Mazie Hirono, U.S. Senator147:40BOTH THE CLASSIFIED DOCUMENTS CASE AND THE ELECTION CONSPIRACY INVESTIGATIONS WERE ALREADY OPENED WHEN AG GARLAND APPOINTED YOU IN NOVEMBER OF 2020 TWO. CORRECT? MR. SMITH: YES. SEN. HIRONO: MR. CHAIRMAN, I PUT

Jack Smith, Former Special Counsel148:13TWO DOCUMENTS INTO THE RECORD

Mazie Hirono, U.S. Senator148:15AND ASK UNANIMOUS CONSENT, DETAILING THE BASIS FOR THE INVESTIGATIONS INVESTIGATIONS, DOCKET 27 2770-277, AND THE DOCUMENTS CASE, AN APRIL 2022 MEMO FROM THE FBI TO DOJ ABOUT THE ELECTION CONSPIRACY. I ASK UNANIMOUS CONSENT THAT THESE DOCUMENTS BE INCLUDED IN THE RECORD.

Mazie Hirono, U.S. Senator148:15IT IS RICH FOR MY COLLEAGUES TO TALK ABOUT A WEAPONIZATION OF A DOJ. THEY SAT IN THIS ROOM LAST YEAR AS PAM BONDI, NO LONGER WITH US, ADMITTED THAT A SOCIAL MEDIA POST FROM PRESIDENT TRUMP DIRECTED HER TO INVESTIGATE HIS PERCEIVED ENEMIES.

Mazie Hirono, U.S. Senator148:15WE ALL KNOW THIS. THE PRESIDENT MAKES NO BONES ABOUT THE FACT THAT HE CONSIDERS THE DEPARTMENT OF JUSTICE HIS LAW FIRM. AND HE CONSIDERS THE ATTORNEY GENERAL HIS LAWYER, AND THEY ARE SUPPOSED TO DO WHATEVER HE WANTS.

Mazie Hirono, U.S. Senator149:00AND HE SAYS, HEY, PAM PAM, GO AFTER SO-AND-SO. MR. SMITH, DID PRESIDENT BIDEN DIRECT YOU TO DO ANYTHING USING SOCIAL MEDIA? MR. SMITH: NO. SEN. HIRONO: DID PRESIDENT

Jack Smith, Former Special Counsel149:29BIDEN, AG GARLAND, OR ANYONE IN

Mazie Hirono, U.S. Senator149:31THE DOJ INTERFERE WITH OR IMPROPERLY INFLUENCE YOUR DECISION TO BRING CHARGES CHARGES? MR. SMITH: NO. SEN. HIRONO: I THINK YOU

Jack Smith, Former Special Counsel149:43TESTIFIED AS TO HOW YOU BRING

Mazie Hirono, U.S. Senator149:45CHARGES. CAN YOU REMIND US ON WHAT BASIS YOU BRING CHARGES? MR. SMITH: IS A FEDERAL PROSECUTOR, WE BRING CHARGES

Jack Smith, Former Special Counsel149:52AFTER WE DO AN INVESTIGATION AND COLLECT THE FACTS AND VIEW THE LAW. SEN.

Mazie Hirono, U.S. Senator149:58FACTS AND THE LAW, WE SHOULD BE REMINDED. FACTS AND THE LAW, MY EXPECTATION OF ALL OF OUR PROSECUTORS. BUT MAYBE THAT IS NOT WHAT WE HAVE IN THIS REGIME. MR. SMITH SMITH, TO QUOTE VOLUME ONE OF YOUR REPORT, PRESIDENT TRUMP'S ATTEMPTS TO OVERTURN THE ELECTION WERE WITHOUT HISTORICAL ANALOGUE.

Mazie Hirono, U.S. Senator150:01CAN YOU EXPAND ON THAT POINT? WHAT WAS UNIQUE ABOUT PRESIDENT TRUMP SCONE VIC TO HEAR? MR. SMITH: -- ABOUT PRESIDENT TRUMP HERE?

Jack Smith, Former Special Counsel150:34MR. SMITH: IN THE HISTORY OF THE COUNTRY, AT THE CAPITOL WHEN VOTES ARE BEING COUNTED HAD NEVER BEEN VIOLENTLY ATTACKED. THERE HAD NEVER BEEN A CAMPAIGN, AN UNPRECEDENTED CRIMINAL SCHEME, THAT WE ALLEGED IN THE INDICTMENT TO BLOCK THE PEACEFUL TRANSFER OF POWER AS IT WAS IN THIS CASE.

Jack Smith, Former Special Counsel150:34AND WE FELT THAT WE HAD VERY STRONG PROOF FROM A VARIETY OF SOURCES TO MAKE THAT CASE. THE CHALLENGE OF OUR TRIAL PRESENTATION WOULD HAVE BEEN HOW TO PRESENT THAT IN A CONCISE WAY, GIVEN THE NUMBER OF WITNESSES AND THE NUMBER OF TYPES OF CORROBORATIVE EVIDENCE IN THE CASE.

Jack Smith, Former Special Counsel150:34SEN.

Mazie Hirono, U.S. Senator151:17I THINK WE SHOULD ALL REMIND OURSELVES THAT WHAT HAPPENED ON JANUARY 6 WAS UNTOWARD. IT IS NOT NORMAL, AND CERTAINLY NOT NORMAL FOR A PRESIDENT TO COMMIT THE KINDS OF CRIMES THAT YOUR INDICTMENT UNLATCHED.

Mazie Hirono, U.S. Senator151:20OUR NATION IS POORER FOR THE FACT THAT YOU COULD NOT YOUR CASE. TWO EVENTS BEYOND YOUR CONTROL. THANK YOU, MR. CHAIRMAN. CHAIR GRASSLEY: MR. SMITH SMITH, THE ATTORNEY GENERAL OF THE UNITED

Chuck Grassley, Chair, Senate Judiciary Committee151:52STATES, MERRICK GARLAND, APPOINTED YOU SPECIAL COUNSEL ON NOVEMBER 18, 2022 2022, THREE DAYS -- THREE DAYS AFTER PRESIDENT TRUMP ANNOUNCED HIS CANDIDACY FOR OFFICE IN 2024, CORRECT? MR. SMITH: YES, SIR. SEN. CORNYN: TRYING TO MAKE SOME

Jack Smith, Former Special Counsel152:11SENSE OF ALL OF THIS, HOW IS IT

John Cornyn, U.S. Senator152:13THAT ANY SUPPORTER OF THE PRESIDENT, OF WHICH LISTS A ROUGHLY HALF THE COUNTRY, PRESIDENT TRUMP IN THIS CASE, WOULD VIEW THAT AS A NONPOLITICAL OR NONPARTISAN ACT? MR. SMITH: I UNDERSTOOD IT AS AN ACT TO TAKE POLITICS OUT OF THE

Jack Smith, Former Special Counsel152:34DECISION. MY JOB WAS TO BE AN INDEPENDENT PROSECUTOR AND MAKE AN INDEPENDENT JUDGMENT REGARDLESS OF WHAT ANYONE FROM A POLITICAL PARTY THOUGHT OR WANTED. SEN. CORNYN: YOU DID NOT MAKE

John Cornyn, U.S. Senator152:46THE DECISION TO APPOINT U.S. SPECIAL COUNSEL THREE DAYS AFTER PRESIDENT TRUMP ANNOUNCED HIS CANDIDACY IN 2024 2024, THAT WAS MERRICK GARLAND'S DECISION, A MEMBER OF PRESIDENT BIDEN A'S RISK CABINET, CORRECT? MR. SMITH: YES, SIR.

John Cornyn, U.S. Senator152:48SEN. CORNYN: LET'S PUT THE SHOE

Jack Smith, Former Special Counsel153:04ON THE OTHER FOOT.

John Cornyn, U.S. Senator153:05THAT'S A PRESIDENT TRUMP IS PRESIDENT OF THE UNITED STATES STATES, AND THREE DAYS AFTER SOMEONE ANNOUNCED THEIR CANDIDACY TO RUN AGAINST HIM FOR THAT POSITION, HIS ATTORNEY APPOINTS AS SPECIAL COUNSEL TO INVESTIGATE AND POTENTIALLY PROSECUTE THAT POLITICAL OPPONENT.

John Cornyn, U.S. Senator153:05WHEN YOU AGREE WITH ME THAT THAT CREATES SOME PERCEPTION PROBLEMS? IN OTHER WORDS, IT MAY NOT BE SOMETHING THAT YOU DID AS SPECIAL COUNSEL, BUT THE FACT THAT SO CLOSE TO THE ELECTION ELECTION, SHORTLY AFTER THE OPPONENT WAS ANNOUNCED THAT THE INCUMBENT PRESIDENT OF THE UNITED STATES STATES, THROUGH HIS ATTORNEY GENERAL, MAKES A DECISION TO INVESTIGATE THAT POLITICAL OPPONENT.

John Cornyn, U.S. Senator153:50MR. SMITH: I UNDERSTAND YOUR

Jack Smith, Former Special Counsel153:56CONCERN. I THINK THE FACTOR HERE IS THAT, IN MY CASE, THE INVESTIGATIONS WERE ALREADY PENDING. SO THAT MEANT, IF THEY WERE GOING TO GO FORWARD, YOU WANT TO MAKE SURE SOMEONE INDEPENDENT WAS REVIEWING THEM.

Jack Smith, Former Special Counsel153:56SEN. CORNYN: WELL, AS SPECIAL

John Cornyn, U.S. Senator154:10COUNSEL, YOU ARE NOT TRULY INDEPENDENT. YOU REPORT TO THE ATTORNEY GENERAL, CORRECT? MR. SMITH: YES, MY UNDERSTANDING AND THE REGULATIONS IS I WAS TO

Jack Smith, Former Special Counsel154:19MAKE AN INDEPENDENT DECISION AND HE COULD OVERRULE THAT DECISION. SEN. CORNYN: HE COULD FIRE YOU

John Cornyn, U.S. Senator154:23AT REAL, CORRECT, THE ATTORNEY GENERAL COULD? MR. SMITH: I BELIEVE -- I AM NOT SURE, I WOULD HAVE TO LOOK AT

Jack Smith, Former Special Counsel154:32THE REGULATIONS. SEN. CORNYN: I AM SURE THAT ONCE

John Cornyn, U.S. Senator154:37APPOINTED SPECIAL COUNSEL -- YOU KNOW, WE ARE NOT SPECIAL COUNSEL FOR LIFE, YOUR SUBJECT TO BEING DISMISSED BY THE ATTORNEY GENERAL, THE VERY PERSON THAT APPOINTED YOU IN THE FIRST PLACE. SO IT SEEMS TO ME THAT THE ORIGINAL SIN OF THIS ILL-CONCEIVED PROSECUTION OF A POLITICAL OPPONENT REALLY OCCURRED BECAUSE OF ATTORNEY GENERAL MERRICK GARLAND, A MEMBER OF THE -- OF PRESIDENT BIDEN'S CABINET.

John Cornyn, U.S. Senator154:38ARE YOU AWARE OF WHETHER THIS HAS EVER HAPPENED BEFORE IN THE 250-YEAR HISTORY OF THE UNITED STATES OF AMERICA, WHERE AN INCUMBENT PRESIDENT ATTORNEY GENERAL APPOINTS A SPECIAL COUNSEL TO INVESTIGATE HIS OR HER POLITICAL OPPONENT?

John Cornyn, U.S. Senator155:24HAS THAT EVER HAPPENED BEFORE? MR. SMITH: I KNOW SPECIAL COUNCILS HAVE BEEN APPOINTED IN

Jack Smith, Former Special Counsel155:36A NUMBER OF INSTANCES WHERE THERE WAS A NEED FOR AN INDEPENDENT PROSECUTOR. AS I SIT HERE NOW, I CANNOT RECALL AN EXEC SITUATION LIKE THIS. SEN.

John Cornyn, U.S. Senator155:44I CAN'T EITHER. ULTIMATELY, THE SUPREME COURT OF THE UNITED STATES AND TRUMP VERSUS UNITED STATES DECIDED ON JULY 1, 2020 FOUR, DECIDED THAT A PRESIDENT ENJOYS IMMUNITY FOR OFFICIAL ACTS. IS THAT YOUR UNDERSTANDING OF THE SUPREME COURT'S DECISION?

John Cornyn, U.S. Senator155:52MR. SMITH: YES, IMMUNITY FOR POOR ACTS AND PRESUMPTIVE

Jack Smith, Former Special Counsel156:15IMMUNITY FOR OTHER OFFICIAL ACTS. SEN.

John Cornyn, U.S. Senator156:18AND THE COURT REMANDED THE CASE ARISING OUT OF THE JANUARY 6 PROSECUTION BACK TO THE TRIAL COURT AND EVENTUALLY DISMISSED THE CASE BASED ON THAT SUPREME COURT DECISION. IS THAT RIGHT? MR. SMITH: THAT IS NOT CORRECT.

John Cornyn, U.S. Senator156:27I MOVED TO DISMISS THE CASE

Jack Smith, Former Special Counsel156:44BECAUSE -- SEN.

John Cornyn, U.S. Senator156:45SO YOU MOVED TO DISMISS IT? MR. SMITH: YES, BECAUSE JUSTICE DEPARTMENT POLICY FROM THE

Jack Smith, Former Special Counsel156:51OFFICE OF LEGAL COUNSEL DOES NOT PERMIT THE PROSECUTION TO GO FORWARD GIVEN DONALD TRUMP'S REELECTION. THAT IS DEPARTMENT POLICY, AND I WAS COMMITTED TO FOLLOWING THE DEPARTMENT POLICY AT ALL TIMES. SEN. CORNYN: ISN'T IT TRUE THAT

John Cornyn, U.S. Senator157:07JUDGE CANNON, THROUGHOUT THE DOCUMENTS CASE CASE, PARTLY ON THE THEORY THAT IT VIOLATED THE APPOINTMENTS CLAUSE OF THE UNITED STATES CONSTITUTION, THIS IS SOMETHING THAT JUSTICE SCALIA PREVIEWED BACK IN 1988, WAS A PART OF THE REASON THAT THE JUDGE DECIDED TO THROW THE CASE OUT?

John Cornyn, U.S. Senator157:08MR. SMITH: MY RECOLLECTION IS THAT SHE DISMISSED THE CASE

Jack Smith, Former Special Counsel157:33BECAUSE SHE BELIEVED THAT THE ATTORNEY GENERAL DID NOT HAVE STATUTORY AUTHORITY TO APPOINT ME. OUR POSITION IS THAT THERE IS DECADES OF PRECEDENT AND SUPREME COURT PRECEDENT APPEARED ON THE PROCESS OF APPEALING THAT DECISION WHEN I WAS REQUIRED TO DISMISS THE CASE.

Jack Smith, Former Special Counsel157:33SEN. CORNYN: SO JUDGE COCHRAN

John Cornyn, U.S. Senator157:52BASICALLY SAID IT WAS ILLEGAL TO APPOINT YOU AS SPECIAL COUNSEL. IT WAS UNCONSTITUTIONAL. THAT WAS THE BASIS OF HER DECISION, BECAUSE IT VIOLATED THE APPOINTMENTS CLAUSE OF THE CONSTITUTION. CORRECT? MR. SMITH: MY RECOLLECTION IS THAT JUDGE CANNON DISMISSED THE

Jack Smith, Former Special Counsel158:10CASE BECAUSE THERE WAS NOT A STATUTORY BASIS OF THE FOUR STATUTES WE CITED, EVEN THOUGH THOSE STATUTES HAVE BEEN USED TO APPOINT PROSECUTORS LIKE THE WATERGATE PROSECUTOR. I BELIEVE THAT JUDGE CANNON IS THE FIRST JUDGE OF SEVERAL TO HAVE CONSIDERED THIS ISSUE AND COME TO THAT CONCLUSION.

Jack Smith, Former Special Counsel158:10OTHER COURTS WHO HAD REVIEWED THESE VERY SAME STATUTES HAD CONCLUDED THAT THESE WERE A LEGITIMATE BASIS, AND THAT IS WHY WE APPEALED THE DECISION AND I WAS CONFIDENT THAT IF THE 11TH CIRCUIT HEARD THIS CASE, WE WOULD PREVAIL.

Jack Smith, Former Special Counsel158:10SEN. CORNYN: I HAVE HEARD A LOT

John Cornyn, U.S. Senator158:46OF LAWYERS PREDICT WHAT APPELLATE COURTS ARE GOING TO DO, AND I GUESS THEY HAVE A 50/50 CHANCE OF BEING RIGHT. BUT IN THIS CASE, YOU DISMISSED THE CASE BEFORE ANY APPELLATE COURT COULD REVIEW THE DECISION MADE BY JUDGE CANNON, CORRECT?

John Cornyn, U.S. Senator158:47MR. SMITH: CORRECT, BUT I WANT TO BE CLEAR, I DO NOT DISMISS IT

Jack Smith, Former Special Counsel159:03BECAUSE OF ANY INFIRMITY IN THE CASE. I FELT WE COULD PROVE OUR CASE BEYOND A REASONABLE DOUBT, I DID IT BECAUSE PUBLIC PROBIT -- POLICY REQUIRES IT TO BE DISMISSED REGARDLESS OF HOW STRONG THE CASE IS.

Jack Smith, Former Special Counsel159:03SEN. CORNYN: MR. SMITH, IN YOUR

John Cornyn, U.S. Senator159:17OPINION, IS IT A GOOD IDEA FOR A SITTING PRESIDENT OF THE UNITED STATES, THE COMMANDER-IN-CHIEF OF THE ARMED FORCES, LEADER OF THE FREE WORLD, TO HAVE TO BE SUBJECTED TO A CRIMINAL INVESTIGATION AND INDICTMENTS AND PROSECUTIONS WHILE HE OR SHE IS SITTING AS PRESIDENT?

John Cornyn, U.S. Senator159:19AS A POLICY MATTER, THAT IS WHY THE SUPREME COURT HELD THAT THE PRESIDENT ENJOYS IMMUNITY WHILE HE OR SHE IS IN OFFICE, BECAUSE THAT WOULD TOTALLY DIVERT AND DISTRACT THEIR ATTENTION FROM PERFORMING THE DUTIES OF THEIR OFFICE.

John Cornyn, U.S. Senator159:19WASN'T THAT, IN ESSENCE, WHAT THE SUPREME COURT SAID? MR. SMITH: THE SUPREME COURT DID TAKE THOSE FACTORS INTO

Jack Smith, Former Special Counsel159:59CONSIDERATION. I BELIEVE THAT NOBODY SHOULD BE ABOVE THE LAW, REGARDLESS OF WHAT JOB THEY HOLD. AND I HAVE A CONCERN -- OBVIOUSLY, AS YOU KNOW, WE FOLLOWED THE SUPREME COURT DECISION. I LITIGATED CONSISTENT WITH IT.

Jack Smith, Former Special Counsel159:59BUT I DO HAVE A CONCERN THAT WHEN WE CREATE EXCEPTIONS FOR POWERFUL PEOPLE, IT CAN BE VERY DANGEROUS DANGEROUS. SEN. CORNYN: I HAVE BEEN A

John Cornyn, U.S. Senator160:23LAWYER FOR A LONG TIME, AND YOU HAVE, TOO. I KNOW LAWYERS HAVE DIFFERENT OPINIONS ABOUT DIFFERENT THINGS. ULTIMATELY, THE SUPREME COURT IS FINAL ON THESE MATTERS, CORRECT? MR. SMITH: THAT IS CORRECT. >> THANK YOU VERY MUCH.

Jack Smith, Former Special Counsel160:40THANK YOU, MR. SMITH, FOR BEING HERE. AS I HAVE LISTENED TO THE QUESTIONS AND I AM TRYING TO UNDERSTAND WHAT IS REALLY BEHIND THE INQUIRIES AND ALSO BEHIND THE ATTACKS ON THE PROSECUTION, I THINK IT DIVIDES INTO TWO THINGS.

Jack Smith, Former Special Counsel160:40NUMBER ONE, WE HAVE A VERY DIVIDED COUNTRY POLITICALLY. THAT HALF THE COUNTRY VOTED FOR PRESIDENT TRUMP, THEY LIKED HIS POLICIES AND PREFERRED THEM OVER THE DEMOCRATS, HALF THE COUNTRY VOTED FOR HIS OPPONENT. AND HERE WE ARE.

Jack Smith, Former Special Counsel160:40THAT POLITICAL BATTLE IS RAGING AS WE SIT HERE IN THIS COMMITTEE, IN THIS COUNTRY. BUT THERE'S A SECOND ISSUE THAT IS QUITE DISTINCT AND SEPARATE SEPARATE. AND THAT ISSUE IS WHAT HAPPENS WITH THOSE DOCUMENTS THAT WERE IN MAR-A-LAGO, BUT MORE PORTLY, WHAT HAPPENS ON JANUARY 6, AND WAS THAT A CRIME?

Jack Smith, Former Special Counsel161:25MANY OF THE QUESTIONS OR STATEMENTS DIRECTED TOWARDS THIS PROSECUTOR, YOU COULD PUT ANY OTHER PROSECUTOR THERE, BUT WHOEVER WAS THE ONE THAT WAS PURSUING THE QUESTION AND LEGALITY OF JANUARY 6 AND DOCUMENTS IN MAR-A-LAGO WOULD BE FACING THE SAME PERSONAL ATTACKS , SYSTEM ATTACKS, AS MR. SMITH.

Jack Smith, Former Special Counsel161:25AND WHAT KEEPS PUZZLING ME IS WHY WE CAN'T MAKE A DISTINCTION BETWEEN OUR LEGITIMATE POLITICAL DIFFERENCES. WE CAN FIGHT IT OUT. AND THE REALITY THAT JANUARY 6 HAPPENED. THAT HAPPENED. YOU HEARD SENATOR KLOBUCHAR WALKING WITH SENATOR BLOOD AND WITH MIKE PENCE.

Jack Smith, Former Special Counsel162:11-- WITH SENATOR BLOUNT AND MIKE PENCE. I WAS OUT AT THE MALL WHERE THERE WAS A CALLOW SET UP THAT SAID "HANG MIKE PENCE." I WAS 30 FEET FROM WHERE THE SHOT WAS FIRED.

Jack Smith, Former Special Counsel162:11I WAS IN THE HOUSE WHEN THE MOB WAS BREAKING THE DOORS DOWN. THAT HAPPENED. SO IT IS A SEPARATE QUESTION ABOUT EVEN THE TIMING. SENATOR CORNYN, YOU MAKE A VERY GOOD POINT, A LOT OF PEOPLE WHO LOOK AT THIS WOULD SAY WHAT IS GOING ON, IS THERE AN AGENDA HERE?

Jack Smith, Former Special Counsel162:57THAT IS A FAIR QUESTION. BUT WHAT CONTINUES TO BE BEYOND DISPUTE IS THAT JANUARY 6 DID HAPPEN. AND THE QUESTION IS, DO YOU LOOK THE OTHER WAY BECAUSE THERE WILL BE A LOT OF DIVISION, A LOT OF QUESTIONING, AND MOTIVATION.

Jack Smith, Former Special Counsel162:57WHAT DO YOU SAY, WE GOT TO GET TO THE BOTTOM OF THIS? THE PRESIDENT'S CONDUCT IN THIS, IT WAS PRETTY AMAZING. ELECTION NIGHT, BEFORE THE VOTES ARE COUNTED COUNTED, TRUMP DECLARED IT WAS A FRAUD.

Jack Smith, Former Special Counsel162:57WE DID WIN THIS ELECTION. HE ASSERTED THAT BEFORE THE VOTES WERE COUNTED. HE WENT BALLISTIC WHEN FOX NEWS CALLED THE ARIZONA ELECTION. HE WAS CALLING RANDY BOWERS AND THE ARIZONA HOUSE SPEAKER OFFICE. HE WAS DEMANDING THAT THE AG BAR COME UP WITH AN EXPLANATION OF WHY THIS WAS A FRAUDULENT ELECTION ELECTION.

Jack Smith, Former Special Counsel163:42HE HAS THE GEORGIA SECRETARY OF STATE TO FIND HIM 11,780 VOTES VOTES. THAT HAPPENED. THE QUESTION IS, SHOULD THAT BE INVESTIGATED OR NOT. THERE ARE SOME ON OUR SIDE WHO BOOT MAYBE IT WOULD BE BETTER OFF IF IT WASN'T BECAUSE IT MIGHT MAKE PRESIDENT TRUMP INTO A MARTYR, AS HE SAW IT IT.

Jack Smith, Former Special Counsel164:28THE IDEA THAT WE ARE GOING TO PUT A BLINDFOLD ON THIS AS OF JANUARY 6 DID NOT HAPPEN MEANS WE ARE JUST GIVEN A PASS TO WHAT WAS THE FIRST TIME IN THE HISTORY OF OUR COUNTRY THAT VIOLENCE WAS USED IN THE UNITED STATES CAPITOL IN AN EFFORT TO OVERTURN THE WILL OF THE AMERICAN PEOPLE.

Jack Smith, Former Special Counsel164:28YOU KNOW, JUST A FEW WEEKS AGO WHEN THE PRESIDENT WAS IN HIS GOLF CLUB IN IRELAND IRELAND, HE ASSERTED AGAIN THAT HE WON THE 2020 20 ELECTION, HE WON IT. THEN A FEW DAYS AFTER THAT, IN ANTICIPATION OF WHAT IS HAPPENING WITH THIS UPCOMING ELECTION WHERE THE STAKES ARE VERY LARGE FOR AMERICA, FOR ALL OF US, HE SAID THE ONLY WAY THE DEMOCRATS WIN IS BY CHEATING CHEATING.

Jack Smith, Former Special Counsel165:14SO THIS IS THE NARRATIVE NARRATIVE. MY VIEW IS A TOUGH CALL, SHOULD THE PROSECUTION HAVE OCCURRED FROM A POLITICAL STANDPOINT, BUT FROM A JUSTICE STANDPOINT, JANUARY SIX HAPPENED. SO, MR. SMITH, YOU DID NOT HAVE ANY DECISION ON WHETHER OR NOT TO BRING THE PROSECUTION EXCEPT AFTER YOU WERE APPOINTED, CORRECT?

Jack Smith, Former Special Counsel165:14MR. SMITH: YES. SEN. SCHIFF: AND YOU HAD TO DO IT ANY PROSECUTOR HAS TO DO, AND

Adam Schiff, U.S. Senator165:51THAT IS TO MAKE AN EXHAUSTIVE EFFORT TO ACCUMULATE THE EVIDENCE AND COME TO A CONCLUSION ABOUT WHETHER YOU HAD PROBABLE CAUSE TO PROCEED, TO CONVICT BEYOND A REASONABLE DOUBT, CORRECT? MR. SMITH: THAT IS CORRECT.

Adam Schiff, U.S. Senator165:51LOOK AT THE FACTS AND LAW AND

Jack Smith, Former Special Counsel166:08MAKE A DECISION. SEN. SCHIFF: THE OTHER POINT

Adam Schiff, U.S. Senator166:10THAT I THINK IS DISTURBING MY COLLEAGUES, AND WITH SOME ON AN UNDERSTANDABLE BASIS, AS RANKING MEMBER DURBIN SAID, IS GETTING THE PHONE LOGS OF MEMBERS OF CONGRESS. BUT AS I UNDERSTAND YOUR EXPLANATION, IF YOU ARE DOING AN INVESTIGATION THAT INVOLVED INFORMATION THAT RUDY GIULIANI CALLED CERTAIN NUMBERS AND HE WAS A SUSPECT AND YOU HAD HIS OWN WORDS TALKING ABOUT PRESSURING TO DELAY THE OUTCOME OF THIS ELECTION ELECTION, YOU'RE NOT GOING AFTER ME INDIVIDUALLY, YOU JUST -- MY NUMBER SHOWS UP IN HIS CALL LOG, SO THEN THAT IS HOW YOU GET MY NUMBER.

Adam Schiff, U.S. Senator166:12CORRECT? MR. SMITH: YES, IN THAT WE HAVE AN AMPLE BASIS IN MY VIEW OF

Jack Smith, Former Special Counsel167:02EVIDENCE TO SEEK THESE TOLL RECORDS BECAUSE THEY CORROBORATED OTHER INFORMATION THAT WE HAD FROM A VARIETY OF SOURCES ABOUT THIS ATTEMPT TO EXPLOIT THE VIOLENCE OF JANUARY IN FURTHERANCE OF THE CONSPIRACY. SEN.

Adam Schiff, U.S. Senator167:16SENATOR KENNEDY MADE A POINT ABOUT THIS AND ASSERTED THAT YOU MIGHT NOT HAVE BEEN TAKING THAT SPEECH AND DEBATE COURSE IN CONSTITUTIONAL LAW. I TOOK IT. BUT IF I AM A WITNESS, THAT HAS NOTHING TO DO WITH MY SPEECH AND DEBATE PRIVILEGES, CORRECT?

Adam Schiff, U.S. Senator167:20MR. SMITH: MY UNDERSTANDING OF SPEECH AND DEBATE CLAUSE, WHICH

Jack Smith, Former Special Counsel167:38IS AN IMPORTANT PART OF SEPARATION OF POWERS, IS IT IS MEANT TO PROTECT LEGISLATORS FROM HAVING THEIR ACTS USED AGAINST THEM OR BEING FORCED TO COMPEL THE TESTIMONY. SEN. SCHIFF: BUT THE SPEECH AND

Adam Schiff, U.S. Senator167:53DEBATE CLUSTER NOT PRIVILEGE A MEMBER OF CONGRESS OR SENATE TO COMMIT A CRIME. MR. SMITH: CORRECT.

Jack Smith, Former Special Counsel167:59SEN. SCHIFF: WELL, WHEN YOU ARE LOOKING AT THIS EFFORT EFFORT, THE

Adam Schiff, U.S. Senator168:08DECISION WAS NOT MADE BY YOU TO APPOINT A SPECIAL PROSECUTOR, CORRECT? MR. SMITH: CORRECT. SEN. SCHIFF: YOU WERE APPOINTED

Jack Smith, Former Special Counsel168:19SPECIAL PROSECUTOR CORRECT. SEN. SCHIFF: YOU WERE APPOINTED SPECIAL PROSECUTOR.

Adam Schiff, U.S. Senator168:20MR. SMITH: YES.

Jack Smith, Former Special Counsel168:22SEN. SCHIFF: THE TWO AREAS YOU PROCEEDED IS ON DOCUMENTS THAT,

Adam Schiff, U.S. Senator168:26IN FACT, WERE TAKEN FROM MAR-A-LAGO THAT WERE CLASSIFIED DOCUMENTS AND, UNDER THE LAW, CLASSIFIED DOCUMENTS CANNOT BE REMOVED, EVEN BY A FORMER PRESIDENT OF THE UNITED STATES. CORRECT? MR. SMITH: I CANNOT SPEAK TO ASPECTS OF THE FLORIDA CASE

Jack Smith, Former Special Counsel168:42UNLESS THEY ARE IN THE INDICTMENT OR FILING. I THINK THE INDICTMENTS OR FILINGS SPEAK FOR THEMSELVES. SEN. SCHIFF: WE ALL KNOW JANUARY

Adam Schiff, U.S. Senator168:506 HAPPENED. WE ALL WERE HERE, OR MOST OF US WERE HERE HERE. IT WAS AN ASSAULT. PEOPLE WERE INJURED. PROPERTY WAS DESECRATED, AND THERE WAS A DETERMINED EFFORT TO OVERTURN THAT ELECTION. AND YOU PROCEEDED ON THE BASIS OF THE FACTS THAT YOU FOUND DURING YOUR INVESTIGATION, CORRECT?

Adam Schiff, U.S. Senator168:50MR. SMITH: YES, THAT IS WHY AND HOW WE PROCEEDED.

Jack Smith, Former Special Counsel169:12SEN. SCHIFF: THANK YOU VERY

Adam Schiff, U.S. Senator169:14MUCH. I YIELD. >> THANK YOU, MR. CHAIRMAN. MR. SMITH, YOU AND I HAVE NEVER MET. BUT YOUR TEAM WANTED TO KNOW WITH WHOM I SPOKE. WHEN I SPOKE TO THEM AND FOR HOW LONG.

Adam Schiff, U.S. Senator169:14YOU SUBPOENAED RECORDS ASSOCIATED WITH MY PHONES, BOTH PERSONAL AND OFFICE. AND YOU SOUGHT AND OBTAINED A COURT ORDER TO PREVENT ME FROM KNOWING ABOUT IT. FOR YEARS, YOU'RE ABLE TO ASK YOUR QUESTIONS IN SECRET WITHOUT ME IN THE ROOM.

Adam Schiff, U.S. Senator169:14TODAY TODAY, THIS SENATE GETS TO ASK QUESTIONS. UNLIKE YOU, WE WILL DO SO IN PUBLIC. YOU HAVE INSISTED THAT POLITICS PLAYED NO ROLE IN YOUR INVESTIGATION. THE AMERICAN PEOPLE CAN JUDGE FOR THEMSELVES. LET'S START WITH YOUR SUBPOENAS SUBPOENAS.

Adam Schiff, U.S. Senator170:00DID YOUR TEAM SUBPOENA RECORDS CONCERNING THE REPUBLICAN NATIONAL COMMITTEE? MR. SMITH: WE SUBPOENAED A NUMBER OF RECORDS --

Jack Smith, Former Special Counsel170:21SEN. CRUZ: THAT IS A YES OR NO

Ted Cruz, U.S. Senator170:23QUESTION. MR. SMITH: I DO NOT HAVE -- I

Jack Smith, Former Special Counsel170:24WANT TO BE CLEAR WITH YOU, SENATOR, I DO NOT HAVE A RECOLLECTION OF EVERY SUBPOENA. WE DID SUBPOENA NUMEROUS RECORDS -- SEN.

Ted Cruz, U.S. Senator170:33DID YOUR TEAM -- SEN. CRUZ: DID YOUR TEAM SUBPOENA THE RNC? MR. SMITH: I WOULD HAVE TO LOOK AT THE RECORDS.

Jack Smith, Former Special Counsel170:38SEN. CRUZ: YES, NO, DON'T

Ted Cruz, U.S. Senator170:40REMEMBER. MR. SMITH: IT IS VER VERY POSSIBL POSSIBLE.

Jack Smith, Former Special Counsel170:45SEN. CRUZ: D IT IS VERY POSSIBLE. SEN. CRUZ: DID I IT IS VERY POSSIBLE. SEN. CRUZ: DID IT SUBPOENAED TURNING POINT USA?

Ted Cruz, U.S. Senator170:48MR. SMITH: AGAIN, I WOULD HAVE TO LOOK AT THE RECORDS.

Jack Smith, Former Special Counsel170:49SEN. CRU CRUZ: D DO YOU HAV HAVE A ANY IDEA

Ted Cruz, U.S. Senator170:51WH DO YOU HAVE ANY IDEA WHO Y DO YOU HAVE ANY IDEA WHO YOU SUBPOENAED? LE LET M ME HELP YOU. DI WHO YOU SUBPOENAED? LET ME HELP YOU. DID YOUR TEAM SUBPOEN SUBPOENA A AT THE CONSERVATI CONSERVATIVE PARTNERSHIP INSTITUTE?

Ted Cruz, U.S. Senator170:52MR. SMITH: THA CONSERVATIVE PARTNERSHIP INSTITUTE? MR. SMITH: THAT I D CONSERVATIVE PARTNERSHIP INSTITUTE? MR. SMITH: THAT I DO REMEMBER, YE INSTITUTE? MR. SMITH: THAT I DO REMEMBER, YES.

Jack Smith, Former Special Counsel171:00SEN. CRU THAT I DO REMEMBER, YES. SEN. CRUZ: GOOD, W WE FOUND ONE ONE.

Ted Cruz, U.S. Senator171:03DI GOOD, WE FOUND ONE. DID YOU GOOD, WE FOUND ONE. DID YOUR SUBPOEN GOOD, WE FOUND ONE. DID YOUR SUBPOENAS DEMAND COMMUNICATIONS WITH FOX NEWS? MR. SMITH: THE SUBPOENAS THAT WE ISSUED DID ASK FOR COMMUNICATION

Jack Smith, Former Special Counsel171:13REGARDING ADD BUYS BECAUSE IT WAS RELEVANT -- SEN.

Ted Cruz, U.S. Senator171:19A PURCHASING ADVERTISING OF A NEWS AGENCY YOU SOMEHOW BELIEVE WAS CRIMINAL. DID YOUR TEAM SEEK AND OBTAIN DONOR AND FUNDRAISING DATA? MR. SMITH: I WOULD HAVE TO LOOK AT THE SUBPOENAS.

Jack Smith, Former Special Counsel171:29AGAIN, I AM HAPPY TO -- SEN. CRUZ: YOU DO NOT KNOW IF YOU HAD DONOR AND FUNDRAISING DATA?

171:34DO YOU KNOW IF YOU HAD DONOR AND FUNDRAISING DATA? MR. SMITH: I WOULD BE HAPPY TO LOOK INTO SUBPOENAS.

Jack Smith, Former Special Counsel171:41SEN. CRUZ: ARE YOU TESTIFYING

Ted Cruz, U.S. Senator171:43RIGHT NOW THAT YOU DO NOT KNOW IF YOU OBTAINED DONOR AND FUNDRAISING DATA? YOU CAN SIGH ALL YOU LIKE, IT IS A SIMPLE QUESTION. YOU KNOW DAMN WELL YOU DID. YOU HAVE BEEN QUESTIONS ABOUT THE CHECKS YOU GUYS GOT.

Ted Cruz, U.S. Senator171:44YOU KNOW THE ANSWER. SO WHY DON'T YOU ANSWER THE QUESTION? DID YOUR TEEN -- TEAM OBTAINED DONOR AND FUNDRAISING FUNDRAISING? YOU CAN SAY YES. MR. SMITH: I DO NOT RECALL THE

Jack Smith, Former Special Counsel172:12ATTACHMENTS OF SPECIFIC SUBPOENAS. CRISP UP YOU DO NOT REMEMBER IF YOU GOT DONOR AND FUNDRAISING MATERIAL, REALLY? MR. SMITH: I DO NOT RECALL BECAUSE I HAVE NOT SEEN THE SUBPOENAS IN A VERY LONG TIME.

Jack Smith, Former Special Counsel172:12BUT I AM HAPPY TO EXPLAIN WHY -- SEN. CRUZ: YOU WANT TO DANCE AND

Ted Cruz, U.S. Senator172:29AVOID THE QUESTIONS, I UNDERSTAND BECAUSE YOU CANNOT ANSWER A SIMPLE QUESTION. ALL IN ALL, YOU ASSURED 197 SUBPOENAS TO 34 INDIVIDUALS AT LEAST AN 163 BUSINESSES AND SOUGHT RECORDS ON AT LEAST 430 REPUBLICAN INDIVIDUALS AND ENEMIES.

Ted Cruz, U.S. Senator172:31IS THAT RIGHT, AND YOU WILL SAY YOU DO NOT REMEMBER. IS THAT CORRECT? MR. SMITH: I DO NOT RECALL. SEN. CRUZ: I UNDERSTAND.

Jack Smith, Former Special Counsel172:51IF YOU LOOK AT THE LIST, THERE

Ted Cruz, U.S. Senator172:53IS ONE THING THAT IS CONSISTENT. EVERY NAME ON IT IS A REPUBLICAN. IS IT A CRIME TO BE A REPUBLICAN? MR. SMITH: ABSOLUTELY CANNOT, SIR.

Jack Smith, Former Special Counsel173:04SEN. CRUZ: IS IT A CRIME TO

Ted Cruz, U.S. Senator173:06WRITE A CHECK TO REPUBLICANS? MR. SMITH: IT IS NOT, AND I'M HAPPY TO EXPLAIN WHY WE ISSUED

Jack Smith, Former Special Counsel173:12THE SUBPOENAS. SEN.

Ted Cruz, U.S. Senator173:14SURE, BRIEFLY. MR. SMITH: WE HAD TO CONDUCT AN INVESTIGATION WHETHER ANY PERSON

Jack Smith, Former Special Counsel173:21OR ENTITY VIOLATED THE LAW WITH RESPECT OF THE INTENT TO BLOCK A PEACEFUL TRANSFER OF POWER. SEN. CRUZ: I UNDERSTAND, AND YOU

Ted Cruz, U.S. Senator173:29USE THAT IN AN EXCUSE TO ENGAGE IN AMASSING FOR SHOWING EXPECTATION -- EXPEDITION TARGETING OVER 400 REPUBLICANS. IT IS DISGRACEFUL PEER TALK ABOUT THE U.S. SENATE. YOU ISSUED SUBPOENAS FOR MORE THAN 20% OF THE REPUBLICANS IN THE SENATE SENATE.

Ted Cruz, U.S. Senator173:32TAKING THEIR PHONE RECORDS. YOU DID SO AND THEN OBTAINED ORDERS ORDERS, NONDISCLOSURE ORDERS FROM JUDGE BOASBERG BOASBERG, WHO I THINK SHOULD BE IMPEACHED FOR HIS SIMPLICITY IN YOUR ABUSE OF POWER. JUDGE BOASBERG SIGNED ORDERS, AND I READ FROM THAT ORDER THAT HE SIGNED THAT I DID NOT KNOW ABOUT AND THAT THE REPUBLICAN SENATORS TARGETED HERE DID NOT KNOW ABOUT, I WANT TO READ FROM THE ORDER.

Ted Cruz, U.S. Senator173:32" "THE COURT FINDS REASONABLE GROUNDS TO BELIEVE SUCH DISCLOSURE DISCLOSURE," IN OTHER WORDS, DISCLOSING TO ME THAT YOU WERE SUBPOENAING MY PHONE RECORDS, "WILL RESULT IN DESTRUCTION OF OR TAMPERING WITH EVIDENCE, INTIMIDATION OF POTENTIAL WITNESSES, AND SERIOUS JEOPARDY TO THE INVESTIGATION."

Ted Cruz, U.S. Senator174:19MR. SMITH, DO YOU HAVE ANY EVIDENCE WHATSOEVER TO BELIEVE THAT I AND 20% OF THE MEMBERS OF REPUBLICANS IN THE SENATE WILL ENGAGE IN DESTRUCTION OR TAMPERING OF EVIDENCE THAT INTIMIDATION OF POTENTIAL WITNESSES?

Ted Cruz, U.S. Senator174:19MR. SMITH: NO, WE HAVE POWERFUL EVIDENCE THAT DONALD TRUMP AND

Jack Smith, Former Special Counsel174:53HIS ASSOCIATES -- SEN. CRUZ: AND MY DONALD TRUMP?

Ted Cruz, U.S. Senator174:55MR. SMITH: YOU ARE NOT, SIR. SEN. CRUZ: ARE MEMBERS OF THE

Jack Smith, Former Special Counsel174:59AND IT DONALD TRUMP?

Ted Cruz, U.S. Senator175:00MR. SMITH: NO. SEN. CRUZ: WAS THE SORT OF

Jack Smith, Former Special Counsel175:02DIRECTED AT DONALD TRUMP?

Ted Cruz, U.S. Senator175:06DID YOUR OFFER -- OFFICE DRAFT THIS ORDER THAT JUDGE BOASBERG SIGNED, AND HE SOUNDED LIKE HE WAS SIGNING DENNY'S MENUS ONE AT A TIME OVER AND OVER AGAIN. MR. SMITH: I AM ASSUMING THAT IS

Jack Smith, Former Special Counsel175:19THE CORRECT ORDER, SO WE DID. I AM HAPPY TO EXPLAIN WHY. SEN. CRUZ: ARE YOU AN OFFICER OF

Ted Cruz, U.S. Senator175:30THE COURT? MR. SMITH: YES. SEN. CRUZ: DID YOU HAVE A SHRED

Jack Smith, Former Special Counsel175:33OF EVIDENCE AT 20% OF THE

Ted Cruz, U.S. Senator175:35REPUBLICANS IN THE SENATE WILL DESTROY EVIDENCE EVIDENCE? MR. SMITH: WE HAD A STRONG REASON TO BELIEVE THAT DONALD

Jack Smith, Former Special Counsel175:46TRUMP WOULD DESTROY EVIDENCE PAIRED SEN. CRUZ: THAT WAS NOT

Ted Cruz, U.S. Senator175:49DIRECTED AT DONALD TRUMP. IT WAS STATED, DISCLOSING IT TO MEMBERS OF THE SENATE. MR. SMITH: DISCLOSING IT TO

Jack Smith, Former Special Counsel175:55ANYONE, AND WE DO NOT HAVE TO WAIT FOR SOMEONE TO BE INJURED INJURED, FOR INVESTIGATION TO BE ABSTRACTED. WE HAD STRONG REASON TO BELIEVE THAT DONALD TRUMP WOULD OBSTRUCT OUR INVESTIGATION INVESTIGATION, GIVEN THE OBSTRUCTION ALLEGED IN THE FLORIDA INDICTMENT, GIVEN THE ATTEMPTS TO INTIMIDATE WITNESSES IN THE ELECTION CASE, GIVEN THE THREATS THAT WERE LATER MADE TO WITNESSES AND THE ELECTION CASE.

Jack Smith, Former Special Counsel175:57I AS A PROSECUTOR -- SEN. CRUZ: MR. SMITH, ARE YOU

Ted Cruz, U.S. Senator176:24AWARE OF STATUTE TWO USC SECTION 6620 EIGHT? MR. SMITH: YES, I AM. SENATOR CRUZ: THAT PROTECTS

Jack Smith, Former Special Counsel176:32SENATE COMMUNICATION RECORDS AND

176:34MAKES THIS NONDISCLOSURE AGREEMENT THAT YOU GAVE JUDGE BOASBERG AND THAT HE SIGNED THAT MAKES IT ILLEGAL? WERE YOU AWARE OF IT AT THE TIME? MR. SMITH: I DO NOT RECALL DISCUSSING THE STATUTE?

Jack Smith, Former Special Counsel176:48SEN. CRUZ: DID YOU BRING IT TO THE JUDGE'S ATTENTION?

Ted Cruz, U.S. Senator176:50MR. SMITH: I DO NOT RECALL RECALL. SEN. CRUZ: SO YOU GOT THE JUDGE

Jack Smith, Former Special Counsel177:03TO SIGN AN ORDER AFTER ORDER

Ted Cruz, U.S. Senator177:04CONTRARY TO FEDERAL LAW, IS THAT RIGHT? MR. SMITH: NO, IT WAS PUBLIC POLICY --

Jack Smith, Former Special Counsel177:12SEN. CRUZ: DOES THAT CONTRAVENE

Ted Cruz, U.S. Senator177:14FEDERAL STATUTE? MR. SMITH: WHEN YOU SOUGHT MY PHONE -- SEN. CRUZ: WHEN YOU

Jack Smith, Former Special Counsel177:32SOUGHT MY PHONE RECORDS FROM

Ted Cruz, U.S. Senator177:34AT&T, NUMBER OF MEMBERS HAD VERIZON AND VERIZON WAS UNFORTUNATELY MORE THAN HAPPY TO COMPLY. AT&T DECLINED TO HAND OVER MY PHONE RECORDS BECAUSE THEY CONCLUDED DOING SO WOULD BE UNCONSTITUTIONAL AND WOULD VIOLATE THE SPEECH AND DEBATE CLAUSE CLAUSE.

Ted Cruz, U.S. Senator177:34ORDINARILY WHEN THE PROSECUTION SEEKS AND ISSUES A SUBPOENA AND THE INDIVIDUAL RECEIVING THE SUBPOENA REFUSES TO TURN IT OVER, ORDINARILY THE PROSECUTION GOES TO COURT TO ENFORCE THAT, CORRECT? MR. SMITH: I DO NOT BELIEVE THAT IS WHAT HAPPENED IN THIS CASE.

Jack Smith, Former Special Counsel178:09SEN. CRUZ: YOU DID NOT DO A

Ted Cruz, U.S. Senator178:10THING BECAUSE AT&T DID NOT HANDED OVER BECAUSE THEY CONCLUDED IT VIOLATED THE SPEECH AND DEBATE CLAUSE. YOUR TEAM SAID NEVER MIND, NOTHING TO SEE HERE, BECAUSE YOU KNEW IF YOU WENT TO COURT, YOU WOULD LOSE.

Ted Cruz, U.S. Senator178:12MR. SMITH: OUR WORK AND OUR

Jack Smith, Former Special Counsel178:26SECURING THESE SUBPOENAS AND NONDISCLOSURE ORDERS WAS CONSISTENT WITH THE LAW AND THE TOLL RECORDS -- SEN. CRUZ: IT IS EXPLICITLY

Ted Cruz, U.S. Senator178:35CONTRARY TO STATUTE AND FEDERAL CONSTITUTION. LET ME ASK YOU THIS, DO YOU HAVE ANY REGRETS? MR. SMITH: REGRETS REGARDING MY WORK AS SPECIAL COUNSEL?

Jack Smith, Former Special Counsel178:48SEN. CRUZ: YES. MR. SMITH: YES, I REGRET THAT

Ted Cruz, U.S. Senator178:51THE PEOPLE I WORKED WITH HAVE

Jack Smith, Former Special Counsel178:53BEEN UNFAIRLY FIRED AND -- SEN. CRUZ: OF COURSE.

Ted Cruz, U.S. Senator178:55OF COURSE, YOU CANNOT BRING YOURSELF -- LET ME SAY, CONGRATULATIONS, BECAUSE YOU HAVE SUCCEEDED WHERE RICHARD NIXON FAILED. WHICH IS WEAPONIZING THE DEPARTMENT OF JUSTICE AND THE FEDERAL GOVERNMENT TO GO AFTER YOUR POLITICAL OPPONENTS.

Ted Cruz, U.S. Senator178:58CONGRATULATIONS YOU YOUR STEPPING INTO THE SHOES OF JOHN MITCHELL. YET, YOUR ABUSE IS FAR GREATER THAN JOHN MITCHELL. I UNDERSTAND, FOR THE REST OF YOUR LIFE, YOU'RE GOING TO BE HAILED AS A HERO IN THE RESISTANT MOVEMENT.

Ted Cruz, U.S. Senator178:58I ASSUME YOU HAVE A PICK CAT SOMEWHERE AT HOME AND PEOPLE WILL BE PROUD OF YOU FOR RESISTING. BUT I WILL TELL YOU WHAT YOU HAVE DONE DONE. YOU HAVE BROUGHT THE DEPARTMENT OF JUSTICE INTO DISREPUTE.

Ted Cruz, U.S. Senator178:58BECAUSE INSTEAD OF BEING APOLITICAL, INSTEAD OF ENFORCING THE LAW, YOU WILLINGLY WERE CONSTRICTED AS A FOOT SOLDIER FOR THE DNC. YOU KNOW WHAT YOU ALSO DID DID, YOU REELECTED PRESIDENT DONALD TRUMP. BECAUSE THE AMERICAN PEOPLE WERE DISGUSTED AT YOUR WILLINGNESS TO ABUSE POWER IN PARTISAN ENDS ENDS.

Ted Cruz, U.S. Senator179:43JA JAVIER FROM LEIGH MS. - -- LES MIS WOULD LOOK AT YOU WITH ASTONISHMENT. I BELIEVE THIS WITCH HUNT TARGETING HALF THE COUNTRY FOR TARGETED ENDS, YOU BELIEVE IT WAS JUSTIFIED. LET ME SAY, YOU HAVE BROUGHT THE DEPARTMENT OF JUSTICE INTO DISREPUTE, AND YOU HAVE DONE IN ENORMOUS.

Ted Cruz, U.S. Senator180:28AND I BELIEVE YOUR CONDUCT REPRESENTS THE MOST EGREGIOUS ABUSE OF POWER IN THE HISTORY OF THE DEPARTMENT OF JUSTICE JUSTICE. >> I AM ASSUMING IT IS MY TURN. MY CALL HE GOES ALMOST TWO MINUTES OVERTIME QUOTING LES MIS.

Ted Cruz, U.S. Senator180:28LET ME GET BACK TO THE REALITY OF THE AMERICAN PEOPLE AND WHAT THEY ARE WITNESSING. THIS IS GAS LEADING THE AMERICAN PEOPLE AND HAS BEEN GOING ON FOR EIGHT YEARS. 30 DAYS BEFORE AN ELECTION WHEN PEOPLE ARE DEMANDING THEIR GAS PRICES GOES DOWN DOWN.

Ted Cruz, U.S. Senator181:13WE HAVE A LOT OF HOT WIND ENERGY AND GAS LIGHTING CONTINUING TO PERPETUATE THE BIG LIE IN AMERICA THAT DONALD TRUMP WAS SOMEHOW CHEATED OUT OF THE 2020 ELECTION. WE ARE USING PRECIOUS TIME FOR ONE OF THE MOST WANTED COMMITTEES IN AMERICAN HISTORY, THE JUDICIARY COMMITTEE TO PERPETRATE PERPETRATE.

Ted Cruz, U.S. Senator181:13WHEN HE DID NOT -- WAS NOT SATISFIED WITH HIS LOSS OF THE 2020 ELECTION, HE THEN TRIED TO CHEAT. WE ALL KNOW IT. THIS IS NOT SHOCKING EVIDENCE. WE CALLED REPUBLICANS AND GEORGE AND SAID FIND ME OVER 11,000 VOTES.

Ted Cruz, U.S. Senator181:59HE CALLED MEMBERS OF CONGRESS OPENLY AND ASKED THEM TO FIND SOME WAY TO HAVE A PEACEFUL TRANSFER OF POWER. AND THEN DONALD TRUMP AND SIGHTED PEOPLE TO ATTACK THE CAPITOL. IN HIS IMPEACHMENT TRIAL, SEVEN REPUBLICANS SAID HE DID.

Ted Cruz, U.S. Senator181:59HERE WE ARE WITH THE AMERICAN PEOPLE SUFFERING. HIGH GAS PRICES, HIGH GROCERY PRICES, HIGH FUEL PRICES, AND WE'RE DRIVING IN AMERICA. I SAY THIS TO MY RANKING MEMBER HIRONO, EVERY PERSON WHO THEY BRING THROUGH TO BE CONFIRMED FOR A POSITION ASKED OVER AND OVER AGAIN, DID DONALD TRUMP WHEN THE 2020 ELECTION AND REFUSES TO SAY THE TRUTH.

Ted Cruz, U.S. Senator182:45THIS IS IN A TYPE IN YOUR ATTEMPT TO LIE TO THE AMERICAN PEOPLE, AND THIS IS THEIR CLOSING ARGUMENT, EVERYBODY. RIGHT BEFORE AN ELECTION, THIS IS WHAT THEY WANT TO SPEND THEIR TIME ON, PERPETRATING A LIE.

Ted Cruz, U.S. Senator182:45THIS COMMITTEES REPUBLICANS ARE MORE CONCERNED WITH TRUMP THAN THE TRUTH. MORE CONCERNED WITH TRUMP THAN THE TRUTH. MORE CONCERNED WITH TRUMP'S CRIMES THAN THE CONSTITUTION CONSTITUTION, AND I AM WATCHING TODAY, PEOPLE SAY, THIS IS UNPRECEDENTED INVESTIGATION, THIS MAN DID UNPRECEDENTED THINGS.

Ted Cruz, U.S. Senator182:45HECK YEAH, HE DID UNPRECEDENTED THINGS, BECAUSE WHAT HAS THE UNITED STATES SEEING PEOPLE STORM THE CAPITOL AND TRY AND STOP THE PEACEFUL TRANSFER OF POWER POWER, BEATING CAPITOL POLICE OFFICERS NEARLY TO DEATH. BRIAN SICKNICK DIED DAYS AFTER A SAVAGE BEATING.

Ted Cruz, U.S. Senator183:30THIS IS RIDICULOUS, THAT THIS IS WHAT WE ARE SPENDING THE AMERICAN PEOPLE'S TIME WITH, WHEN EVERYONE IS CONCERNED ABOUT DONALD TRUMP TAKING AWAY THEIR HEALTH CARE, DONALD TRUMP SWORE IN THE MIDDLE EAST, DONALD TRUMP CHAOTIC TERRORISM, AND YOU HAVE TO SIT HERE AND HIRE SECURITY FOR YOUR FAMILY BECAUSE THEY ARE WHIPPING YOU INTO THEIR CONSPIRACY THEORIES AND DEMANDING THAT THIS IS WHAT THE AMERICAN PEOPLE FOCUS ON.

Ted Cruz, U.S. Senator183:30THIS IS UTTERLY RIDICULOUS. I AM SO UPSET THAT YOUR FEALTY IS TO DONALD TRUMP AND NOT THE CONSTITUTION. I AM SO SORRY THAT THEY'RE ATTEMPTING TO PUT INVESTIGATORS ON TRIAL WHILE IGNORING THE EXTRAORDINARY CONDUCT THEY ARE DUTY-BOUND TO REALLY INVESTIGATE.

Ted Cruz, U.S. Senator184:16WE WHO WERE HERE ON JANUARY 6 REMEMBER REMEMBER, REPUBLICAN AND DEMOCRATS WERE HERE. WE WERE EVACUATED. I SAW SOME OF MY COLLEAGUES RUNNING FOR THEIR SAFETY. THE VICE PRESIDENT OF THE UNITED STATES, THEY WERE CHANTING FOR HIS DEATH.

Ted Cruz, U.S. Senator184:16THEY WERE PUTTING GALLOWS OUT THERE. POLICE OFFICERS LOST. ALL OF THIS JUST UP THE PEACEFUL TRANSFER OF POWER. AND NOW THIS COMMITTEE HAS NOT DONE WHAT WE SHOULD BE DOING, WHICH IS INVESTIGATING THE CRIMES.

Ted Cruz, U.S. Senator185:01YET, WE ARE PUTTING ON TRIAL THE INVESTIGATORS. I WANT TO SAY IT ONCE AND FOR ALL HERE, DONALD TRUMP LOST THE 2020 ELECTION, EVERYBODY. AND HE CRIMINALLY FOUND BY TWO GRAND JURIES, HE CRIMINALLY WAS CHARGED WITH TRYING TO OBSTRUCT THAT ELECTION.

Ted Cruz, U.S. Senator185:01THAT SHOULD NOT BE SHOCKING NEWS . THAT IS HISTORICAL FACT. HIS OWN JUSTICE DEPARTMENT TOLD HIM THERE WAS NO EVIDENCE OF WIDESPREAD FRAUD SUFFICIENT TO CHANGE THE OUTCOME. HIS OWN CAMPAIGN LOST OVER AND OVER AGAIN IN COURT, YET HE CONTINUED -- SHE PRESSURED STATE OFFICIALS.

Ted Cruz, U.S. Senator185:01HE ASKED GEORGIA'S REPUBLICAN SECTOR TO FIND THOSE 11,000 PLUS VOTES. HIS ALLIES ORGANIZED FRAUDULENT ELECTORS IN SEVEN STATES STATES. HE PRESSURED HIS OWN JUSTICE DEPARTMENT. HE PRESSURED HIS VICE PRESIDENT. ON JANUARY 6, HE CREATED ONE OF THE WORST CRIMES AND -- AMERICA HAS EVER COMMITTED AGAINST ITS OWN NATION, INCITING PEOPLE TO STORM THE CAPITOL.

Ted Cruz, U.S. Senator185:47MINUTES LATER LATER, WHILE OUR CAPITOL WAS UNDER ATTACK, REPUBLICANS AND DEMOCRATS RUNNING FOR THEIR LIVES, DONALD TRUMP WAS ATTEMPTING TO REACH SENATORS AS A PART OF THE DELAY IN CERTIFICATION. THAT IS PART OF THE CRIMINAL INVESTIGATION THAT UNDERSTANDABLY SHOULD BE LOOKED AT.

Ted Cruz, U.S. Senator185:47THINK ABOUT THAT. THE CAPITOL IS UNDER ATTACK, MEMBERS ARE FLEEING FOR THEIR LIVES, THE VICE PRESIDENT IS BEING RUSHED TO SAFETY, AND THE PRESIDENT OF THE UNITED STATES IS STILL WORKING THE PHONES IN AN EFFORT TO STOP THE PEACEFUL TRANSFER OF POWER.

Ted Cruz, U.S. Senator186:33YOU WILL KNOW WHAT HAPPENED WITH KEVIN MCCARTHY, THE REPUBLICAN LEADER OF THE HOUSE, BECAUSE THE PRESIDENT, BEGS HIM, CALL OFF THE MOB, PLEASE CALL OFF THE MALL. ACCORDING T TO THE EVIDENCE YOU UNCOVERED, DONALD TRUMP'S RESPONSE, WELL, KEVIN, BECAUSE THE PEOPLE ARE MORE UPSET ABOUT THE ELECTION THEN YOU ARE.

Ted Cruz, U.S. Senator186:33HOURS MORE STILL PASSED PASSED, AND EVEN AFTER ALL THAT, RUDY GIULIANI IS STILL CALLING SENATORS ASKING THEM TO SLOW DOWN THE CERTIFICATION. MR. SPEAKER, I'M SORRY, I WANT TO BE CLEAR ABOUT THIS. WHAT YOU ARE INVESTIGATING IS NOT SOMETHING TRIVIAL, IT IS NOT A SMASH AND GRAB CRIME.

Ted Cruz, U.S. Senator187:18IT IS THE BIGGEST ASSAULT ON A DEMOCRATIC TRADITION IN OVER A CENTURY CENTURY. AND THE DANGER IT UNLEASHED UNLEASHED, PEOPLE CALL IT ELECTION INTERFERENCE OR OBSTRUCTION. THEY USED LEGAL TERMINOLOGY. BUT PEOPLE WERE IN DANGER, LIVES WERE LOST.

Ted Cruz, U.S. Senator187:18THE VICE PRESIDENT BARELY ESCAPED FOR HIS LIFE, MEMBERS OF CONGRESS ALMOST WERE PHYSICALLY ASSAULTED. YOUR REPORT CONCLUDED THAT THE VIOLENCE WAS FORESEEABLE BECAUSE OF DONALD TRUMP AND WHAT HE WAS DOING, THAT IT BENEFITED HIS INTERFERENCE WITH THE CERTIFICATION, HE INCITED THE VIOLENCE, MET A CONSCIOUS DECISION NOT TO STOP, AND INSTEAD SOUGHT TO LEVERAGE IT FOR FURTHER DELAY.

Ted Cruz, U.S. Senator188:04THAT IS AN ACTIVE DESCRIPTION OF WHAT YOUR INVESTIGATION FOUND, CORRECT? MR. SMITH: WE FOUND THAT BECAUSE THE VIOLENCE, THAT IT WAS

Jack Smith, Former Special Counsel188:18FORESEEABLE TO HIM, AND THAT HE SOUGHT TO EXPLOIT IT. SEN. BOOKER: OH, MY GOSH.

188:24AN INVESTIGATOR WHO RELIED PRINCIPALLY ON REPUBLICANS IN HIS INVESTIGATION IS TESTIFYING BEFORE THIS COMMITTEE, IT WAS REPUBLICANS -- OH, MY GOSH, THAT STATEMENT SHOULD BE CHILLING TO EVERY AMERICAN, THAT THE COMMANDER-IN-CHIEF CURRENTLY DID EVERYTHING HE COULD TO UNDERMINE THE LEGAL TRANSFER OF POWER POWER, INCITED A RIOT WHICH SEVERAL REPUBLICANS SAID HE DID.

188:26AND WE ARE NOW PERSECUTING THE PROSECUTORS WHO FOLLOW THE EVIDENCE. AND THEY ARE TRYING TO SAY THIS IS PARTISAN. MY RECORDS WERE SWEPT UP. MY TEXT MESSAGES WERE PART OF IT. KAREN BASS' TEXT MESSAGES WERE PART OF IT.

188:26AND DEAR GOD, ONE OF THE GREATEST ATTEMPTS TO UNDERMINE OUR DEMOCRACY SINCE THE CONFEDERATES BETRAYED THIS NATION AND STARTED THE CIVIL WAR, THAT IS WHAT THIS WAS. IN THE NOBLE POLICE OFFICERS WHO STOOD IN THE GAP BEFORE A MOB SAVAGELY BEATEN HAVE BEEN PARDONED.

189:12PEOPLE WHO SAVAGELY BEAT POLICE OFFICERS WERE PARDONED. AND WHAT HAS HAPPENED TO THE CAREER PROSECUTORS? THE CARRIER FBI AGENTS QUESTIONED ME I THEY DID THEIR JOB AND FOLLOW THE EVIDENCE. MR. SMITH, WHAT HAS HAPPENED TO THEM?

189:12MR. SMITH: THEY HAVE BEEN FIRED UNLAWFULLY.

Jack Smith, Former Special Counsel189:43THEY HAVE BEEN PUBLICLY VILIFIED. IN THEY HAVE BEEN ATTACKED IN EVERY POSSIBLE WAY. IT IS INCONCEIVABLE TO ME HOW YOU CAN PARDON PEOPLE WHO ASSAULT LAW ENFORCEMENT OFFICERS AND THEN VILIFY THE OFFICERS WHO WERE TRYING TO UPHOLD THE RULE OF LAW.

Jack Smith, Former Special Counsel189:43SEN.

189:59SIR, THANK YOU. THEY HAVE BEEN THROWN INTO THE FIRE. AMERICANS, PROSECUTORS PROSECUTORS, FBI AGENTS WHO WERE INVESTIGATING THE SAVAGE BEATING OF POLICE OFFICERS WERE FIRED, FIRED FIRED. THEIR TESTIMONY IS SHOCKING. BUT THE PEOPLE LIKE YOU WHO STOOD UP -- IT IS NOT JUST LOSING JOBS.

190:04YOU ARE THROWN INTO THIS HATE MACHINE THAT IS MAKING YOU AND YOUR FAMILY IS NOT EVEN SAFE TO GO TO THE GROCERY STORE RIGHT NOW, AS WE ARE HAVING A HEARING, PUSHING THIS FALSE NARRATIVE THAT SOMEHOW DONALD TRUMP IS THE VICTIM VICTIM.

190:04THAT THE POOR PRESIDENT OF THE UNITED STATES WHO IS DRIFTING RIGHT NOW OFF OF HIS OFFICE TO THE TUNE OF BILLIONS OF DOLLARS, WHOSE WHOLE FAMILY HAS BEEN ENRICHED IN UNCONSCIONABLE WAYS WHILE AMERICANS GET POORER AND SICKER, WHILE AMERICANS LOSE THEIR HEALTH INSURANCE, SEE THE GAS PRICES GO UP.

190:50THE PRESIDENT AND HIS FAMILY ARE RICHER THAN THEY HAVE EVER BEEN, AND THEY SAY THEY HAVE BEEN VICTIMIZED BY YOU. AND THE OTHER PROSECUTORS AND INVESTIGATORS WHO HAVE BEEN FIRED FROM THEIR OFFICE. AND VILIFIED SO MUCH THAT THEY HAVE TO GET SECURITY FOR THEIR FAMILIES.

190:50THIS BIG LIE HAS GONE ON ENOUGH. WE HAVE PEOPLE WHO ARE SERVING AT THE HIGHEST OFFICES IN THE LAND THAT REPEAT THE BIG LIE. WE HAVE PEOPLE RUNNING FOR OFFICE AND THE REPUBLICAN PARTY THAT CANNOT EVEN TELL THE TRUTH.

190:50AND TODAY'S FARCE FARCE, TODAY'S GAS LIGHTING, TODAY'S MENDACITY, PROFUNDITY, LIES, MISTRUTHS CANNOT OBSCURE WHAT THE MOUNTAIN OF EVIDENCE AND WHAT AMERICANS SAW WITH THEIR OWN EYES. DONALD TRUMP'S OWN NATIONAL SECURITY TEAM FROM HIS FIRST ADMINISTRATION SAID CLEARLY IN STATEMENT AFTER STATEMENT, PEOPLE THAT SERVED WITH HIM, CABINET SECRETARIES SAID HE IS A DANGER TO THIS NATION AND OUR NATION'S NATIONAL SECURITY.

191:36NOW HE IS BACK IN THAT OFFICE USING THE POWER OF THE OFFICE TO GO AFTER GOOD AMERICANS, MANY OF WHOM ARE REPUBLICANS WHO DARED TO TELL THE TRUTH, WHO DARED TO INVESTIGATE CRIMINAL ACTS, WHO DARED TO SAY IT WAS NOT USUAL IN THE GREATEST DEMOCRACY IN THE WORLD TO HAVE VIOLENCE BE DONE TO STOP THE PEACEFUL TRANSFER OF POWER.

192:21NO, SIR, I CANNOT SIT HERE AND LET YOUR REPUTATION FURTHER BE BEST MERGED, LIES HURLED AT YOU, BEING CALLED NAMES NAMES, FALSE EVIDENCE BEFORE OUR EYES. THIS IS UNFAIR TO YOU, AND FOR TO YOUR FAMILY.

192:21YOU KNOW WHAT, YOU ARE NOT WHAT MOST MATTERS, WHAT MOST MATTERS IS THAT THIS IS AN UNFAIR TO THE AMERICAN PEOPLE. YOUR -- THERE ARE FAMILIES ALL OVER AMERICA STRUGGLING AND SUFFERING AND SAYING MAYBE THERE IS SOMEONE IN CONGRESS THAT WILL STICK UP FOR ME.

192:21I AM TIRED OF THE POLITICS. I AM TIRED OF THE LIES THEY ARE SAYING. MAYBE THERE IS SOMEONE IN AMERICA THAT WILL STICK UP FOR ME. AND HELP ME WITH MY GAS PRICES AND HELP ME WITH MY LACK OF INSURANCE AND HELP ME WITH TOO HIGH EXPENSES FOR CHILD CARE AND HELP ME WITH AMERICAN DREAM THAT IS SLIPPING AWAY.

193:03BUT NO, WHAT IS THE REPUBLICANS IN CONTROL OF CONGRESS TO, WITH THE CLOSING STATEMENT BEFORE AN ELECTION? THEY CARRY OUT THE BIG LIE. THEY PERSECUTE PROSECUTORS. THEY DO TRUMP'S BIDDING, THEY CHOOSE TRUMP OVER TRUTH, CORRUPTION AND CRIME OVER THE CONSTITUTION.

193:03AND I HAVE HAD ENOUGH OF IT. THIS HEARING IS A FARCE. AND I'M SORRY FOR WHAT YOU AND YOUR FAMILY ARE ENDURING. THANK YOU. SEN.

Dick Durbin, U.S. Senator193:40SENATOR GRASSLEY, I BELIEVE -- I AM TOLD HE IS COMING BACK BACK. YES? OK. SO I GUESS I AM IN CHARGE, AND I AM GOING TO CALL ON SENATOR GRAHAM. BUT THEN I HAVE GOT TO LEAVE.

Dick Durbin, U.S. Senator193:48SO WHEN I LEAVE, YOU WILL BE IN CHARGE, OK? SEN. GRAHAM: THANK YOU, SENATOR KENNEDY.

Lindsey Graham, U.S. Senator194:13MUCH HAS ALREADY BEEN SAID TODAY ABOUT THE ABUSES OF THE JUSTICE DEPARTMENT UNDER PRESIDENT BIDEN AND ATTORNEY GENERAL MERRICK GARLAND. I THINK IT IS WORTH REMINDING PEOPLE AT HOME WHILE WE ARE HERE TODAY AND WHY CHAIRMAN GRASSLEY HAS CALLED THIS HEARING.

Lindsey Graham, U.S. Senator194:13THE INVESTIGATION WAS A POLITICALLY MOTIVATED WITCHHUNT. IT VIOLATED THE LAW LAW. AND DURING THE COURSE OF THE INVESTIGATION, THE DEPARTMENT OF JUSTICE WAS WEAPONIZED TO GO AFTER PRESIDENT TRUMP IN THE MIDST OF HIS SUCCESSFUL 2024 PRESIDENTIAL ELECTION.

Lindsey Graham, U.S. Senator194:13BUT THIS WAS NOT ONLY ABOUT A WITCHHUNT TARGETING THE PRESIDENT, YOUR WEAPONIZATION ALSO REACHED INTO THE UNITED STATES SENATE SENATE. IN MAY 2020 THREE, YOUR OFFICE SECURED A SUBPOENA FOR THE PHONE RECORDS OF MY BROTHER, LIND LINDSEY, YOU RECEIVED HIS OFFICIAL GOVERNMENT PHONE RECORDS AND HIS PERSONAL PHONE RECORDS, INCLUDING DATA ON ALL THE CALLS HE MADE AND RECEIVED ON THOSE TWO PHONES IN EARLY JANUARY 2021, INCLUDING, I MIGHT ADD ADD, CALLS HE MADE AND RECEIVED FROM ME.

Lindsey Graham, U.S. Senator194:59AT THAT TIME, HE WAS A SITTING U.S. SENATOR FROM SOUTH CAROLINA AND THE CHAIRMAN OF THIS VERY COMMITTEE COMMITTEE. IT WAS HIS JOB TO CAST A VOTE WHETHER TO CERTIFY THE 2020 ELECTION, AND AS THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, HE WAS THE ONE RESPONSIBLE FOR INVESTIGATING WHETHER THAT ELECTION HAD BEEN TAMPERED WITH.

Lindsey Graham, U.S. Senator195:44BUT THAT THEY NOT -- THAT DID NOT STOP YOU. NOT ONLY DID YOU REQUEST LINDSEY 'S AND SEVERAL OTHER MEMBERS OF PHONE RECORDS BOASBERG BOASBERG, YOU ASKED JUDGE BOASBERG TO ISSUE A GAG ORDER TO MAKE SURE THEY DID NOT FIND OUT.

Lindsey Graham, U.S. Senator195:44THE JUDGE DID THE GAG ORDER TO THE VERIZON CARRIER. VERIZON COMPLIED WITH THE ORDER AND DID NOT TELL THE SENATE OR LINDSEY ABOUT THE SUBPOENA, EVEN THOUGH BRANSON'S CONTRACT WAS WITH THE SENATE REQUIRED VERIZON TO NOTIFIED THE SENATE SERGEANT AND ARMS.

Lindsey Graham, U.S. Senator195:44CHAIRMAN GRASSLEY HAS POINTED OUT THE FEDERAL LAW DOES NOT LET A CARRIER BE BARRED FROM NOTIFYING A SENATE OFFICE UNLESS THE MEMBER IS A TARGET OF THE INVESTIGATION, WHICH YOU NEVER CLAIMED LINDSEY WAS.

Lindsey Graham, U.S. Senator196:29NEVERTHELESS, THE SENATE SERGEANT AND ARMS NEVER RECEIVED THAT NOTICE NOTICE. LINDSEY WAS KEPT IN THE DARK DARK, AS WERE SEVERAL SENATORS YOU TARGETED. I THINK EVERY MEMBER OF THIS COMMITTEE, REPUBLICAN AND DEMOCRAT, SHOULD BE MAD AS HELL ABOUT THAT.

Lindsey Graham, U.S. Senator196:29I WANT TO TALK A LITTLE BIT MORE ABOUT THIS GAG ORDER BECAUSE I THINK THIS IS SOMETHING THAT EVERY AMERICAN, NO MATTER HOW YOU VOTE OR WHO YOU SUPPORT, NEEDS TO HEAR. THE GAG ORDER THAT YOU REQUESTED TO HIDE YOUR TRACKS SAYS SAYS, "THE COURT FINDS REASONABLE GROUNDS TO BELIEVE THAT SUCH DISCLOSURE WOULD RESULT IN DESTRUCTION OF OR TAMPERING WITH EVIDENCE EVIDENCE, INTIMIDATION OF POTENTIAL WITNESSES, AND SERIOUS JEOPARDY TO THE INVESTIGATION INVESTIGATION."

Lindsey Graham, U.S. Senator197:15THE QUOTE REASONABLE GROUNDS CAME FROM YOU. YOU ALLEGED TO A FEDERAL JUDGE THAT MY BROTHER LINDSEY, A PATRIOT WHO HAD DEDICATED OVER 30 YEARS OF HIS LIFE WEARING THE UNIFORM OF HIS COUNTRY AND THE UNITED STATES AIR FORCE FORCE, SITTING UNITED STATES SENATOR, AND A CHAIRMAN OF THIS VERY COMMITTEE HAD THE POTENTIAL TO DESTROY EVIDENCE EVIDENCE, INTIMIDATE WITNESSES, AND CAUSE SERIOUS JEOPARDY TO YOUR SHAM OF AN INVESTIGATION.

Lindsey Graham, U.S. Senator198:00IN FACT, IN A SEPARATE GAG ORDER, YOU LISTED FLIGHT RISK AS A REASON FOR OBTAINING THE GAG ORDER FOR THE SPEAKER OF THE HOUSE, A CONSTITUTIONAL OFFICER OFFICER, SECOND IN THE PRESIDENTIAL LINE OF SUCCESSION, AND LET ME POINT OUT SOMETHING FOR EVERYONE, THIS SUBPOENA WAS NOT -- WAS BEING SENT TO VERIZON.

Lindsey Graham, U.S. Senator198:00RECORDS THAT VERIZON HAD IN THEIR OWN POSSESSION. HOW THE HELL WAS LINDSEY GOING TO TAMPER WITH EVIDENCE HE DID NOT EVEN HAVE IN HIS POSSESSION? HOW WAS A MEMBER OF CONGRESS A FLIGHT RISK?

Lindsey Graham, U.S. Senator198:47THE LEGAL TERM FOR YOUR BEHAVIOR WOULD BE OBSTRUCTION OF JUSTICE. BUT IN SOUTH CAROLINA, WE JUST CALL IT A LIE LIE. THIS WAS UNDENIABLY A FISHING EXPEDITION BY YOU AND YOUR TEAM TO INTIMIDATE THE PRESIDENT'S ALLIES IN CONGRESS.

Lindsey Graham, U.S. Senator198:47HOW DO YOU KNOW THIS? HOW DO WE KNOW THIS? BECAUSE YOU DID NOT JUST SEND VERIZON AND SUBPOENA AND GAG ORDER, YOU ALSO SENT ONE TO AT&T FOR SENATOR CRUZ'S RECORDS. AND LIKE VERIZON, AT&T PUSHED BACK.

Lindsey Graham, U.S. Senator198:47THEY ASKED YOU TO EXPLAIN HOW THIS REQUEST WAS IN COMPLIANCE WITH THE CONSTITUTION. AND YOU DID NOT HAVE AN ANSWER. IN FACT, YOU DID NOT EVEN RESPOND. AND YOU NEVER FOLLOWED UP WITH AT&T RESPOND.

Lindsey Graham, U.S. Senator199:33AND YOU NEVER FOLLOWED UP WITH AT&T, BECAUSE YOU KNEW WHAT YOU WERE DOING WAS WRONG. IT DOES NOT MAKE SENSE UNLESS THE ONLY MOTIVATION YOU HAD WAS TO TAKE DOWN PRESIDENT TRUMP AND HIS ALLIES ONE BY ONE BEFORE THE ELECTION.

Lindsey Graham, U.S. Senator199:33SO, MR. SMITH, DO YOU REALLY BELIEVE THAT LINDSAY WAS GOING TO DESTROY EVIDENCE THAT WAS NOT EVEN IN HIS POSSESSION? MR. SMITH: NO NO, I BELIEVE YOUR BROTHER WAS A PATRIOTIC PUBLIC

Jack Smith, Former Special Counsel200:08SERVANT. HE WAS NOT A TARGET OF THAT INVESTIGATION. IN FACT, HE LIKELY WOULD HAVE BEEN A WITNESS IN THE CASE. YOUR BROTHER INVESTIGATED THE CLAIMS THAT DONALD TRUMP WAS MAKING. HE FOUND THEM TO BE FALSE.

Jack Smith, Former Special Counsel200:08HE SAID SO ON THE HOUSE FLOOR. SEN. GRAHAM: THEN WHY DOES THE

Lindsey Graham, U.S. Senator200:25GAG ORDER SAID THAT DISCLOSURE OF THE SUBPOENA WOULD RESULT IN DESTRUCTION OF OR TAMPERING WITH EVIDENCE? MR. SMITH: BECAUSE DISCLOSURE OF THAT SUBPOENA COULD RESULT IN

Jack Smith, Former Special Counsel200:35DONALD TRUMP ATTEMPTING TO INTIMIDATE WITNESSES AS HE HAD BEFORE AND AFTER. WE HAD AMPLE BASIS FOR THAT. SEN. GRAHAM: THE EVIDENCE IN

Lindsey Graham, U.S. Senator200:45QUESTION BELONGED TO LINDSAY AND WAS IN THE POSSESSION OF IT VERIZON. IT MAKES ABSOLUTELY NO SENSE THAT ANYONE WOULD BE ABLE TO DESTROY THE EVIDENCE YOU WERE SEEKING. DO YOU KNOW WHAT I THINK?

Lindsey Graham, U.S. Senator200:46I THINK YOU WERE JUST TRYING TO BULLY MY BROTHER AND OTHER ALLIES OF PRESIDENT TRUMP TRUMP. YOU CAUSED MY BROTHER AND A LOT OF OTHER SENATORS A LOT OF STRESS, AND THAT MAKES ME SICK.

Lindsey Graham, U.S. Senator200:46YOU SHOULD BE ASHAMED OF YOURSELF YOURSELF. IT IS ALSO A DAMN SHAME THAT YOU WEAPONIZED OUR LEGAL SYSTEM TO DO THIS. TO GO AFTER A POLITICAL OPPONENT AND HIS ALLIES, INCLUDING LINDSEY LINDSEY, WHAT A DISGRACE TO OUR JUSTICE SYSTEM AND THE CONSTITUTION THAT YOU WOULD STOOP THIS LOW LOW.

Lindsey Graham, U.S. Senator201:32SHAME ON YOU. I YIELD BACK THE REMAINDER OF MY TIME

201:52SENATOR SCHUMER. >> FIRST, I WOULD LIKE TO MAKE A UNANIMOUS CONSENT REQUEST TO INTRODUCE INTO THE RECORD TWO LETTERS FROM THE DEPARTMENT OF JUSTICE OUTLINING THE PARAMETERS OF THE WITNESS'S TESTIMONY TODAY , ONE DATED SEPTEMBER 14, 2026, THE OTHER SEPTEMBER 27, 20 26.

201:57SEN. GRAHAM: WITHOUT OBJECTION. >> THANK YOU FOR COMING TO

Lindsey Graham, U.S. Senator202:18TESTIFY TODAY. I AM SORRY THAT YOU HAVE BEEN SO HELLENIZED AND ATTACKED TODAY. I WANT TO POINT OUT THOUGH WHAT WE HAVE HEARD, AND I HAVE SAT THERE ALMOST EVERY MINUTE OF THIS HEARING.

Lindsey Graham, U.S. Senator202:18WHAT WE HAVE HEARD AND WHAT WE HAVE NOT HEARD FROM MY COLLEAGUES ACROSS THE AISLE, THEY HAVE ATTACKED YOU REPEATEDLY REPEATEDLY, AGGRESSIVELY, INAPPROPRIATELY, SCANDALOUSLY, BUT NONE OF THEM HAVE CONTESTED WHAT TOOK PLACE ON THIS DAY.

Lindsey Graham, U.S. Senator202:18NONE OF THEM HAVE SAID THERE WAS NO ATTACK ON JANUARY 6. NONE OF THEM HAVE TRIED TO DENY THE ASSAULT ON THE POLICE OFFICERS. NONE OF THEM HAVE EVEN SUGGESTED THE PRESIDENT WASN'T INVOLVED.

Lindsey Graham, U.S. Senator202:18NONE OF THEM HAVE CONTESTED ANY OF THESE THINGS THINGS. THEY HAVE ATTACKED YOU BECAUSE I DO NOT WANT TO ADDRESS THE FACTS. THEY DO NOT WANT TO TALK ABOUT THIS. THEY WOULD RATHER ATTACK YOU.

Lindsey Graham, U.S. Senator203:04AND FOR ALL THE OUTRAGE OF MY COLLEAGUES OVER YOUR REQUESTING TOLL RECORDS BECAUSE RUDY GIULIANI AND OTHER CO-CONSPIRATORS WERE CALLING SOME OF THE MEMBERS OF THIS BODY, FOR ALL OF THE OUTRAGE OVER THAT, I SHOULD LET YOU KNOW BECAUSE YOU MAY NOT BE AWARE OF THIS, THE BARR JUSTICE DEPARTMENT SOUGHT TOLL RECORDS FOR MEMBERS OF CONGRESS, NOT A PEEP FROM MY COLLEAGUES ABOUT THAT BUT THAT INVOLVED TOLL RECORDS OF DEMOCRATS.

Lindsey Graham, U.S. Senator203:04THAT APPARENTLY WAS OK AND APPARENTLY DOES NOT VIOLATE SPEECH AND DEBATE. TO LEVEL SET A LITTLE FURTHER FURTHER, I WANT TO TELL YOU WHAT MY COLLEAGUES HERE HAVE HAD TO SAY ABOUT AN ATTEMPT TO INDICT TWO OF THEIR SENATE COLLEAGUES AND FOUR OF THEIR HOUSE COLLEAGUES FOR MAKING A VIDEO THAT SAID THAT THE MILITARY DOES NOT HAVE TO CARRY OUT AN ILLEGAL ORDER ORDER, A PLAIN STATEMENT OF FACT, LAW, AND CONSTITUTION.

Lindsey Graham, U.S. Senator203:49NOT A PEEP ABOUT THE FACT THAT THEY WERE NOT JUST TARGETED, THEY WERE SOUGHT TO BE INDICTED. THIS JUSTICE DEPARTMENT WENT BEFORE A GRAND JURY AND SOUGHT TO INDICT THEM, AND YOU'RE PROBABLY FAMILIAR WITH WHAT HAPPENED IN THAT GRAND JURY.

Lindsey Graham, U.S. Senator203:49NOT A SINGLE GRAND JUROR WOULD AGREE TO RETURN THE INDICTMENT. HAS THAT EVER HAPPENED TO YOU, MR. SMITH? HAVE YOU GONE BEFORE A GRAND JURY AND HAD NOT A SINGLE GRAND JUROR REFUSED TO RETURN AN INDICTMENT?

Lindsey Graham, U.S. Senator204:35MR. SMITH: NO. SEN. SCHIFF: ALMOST SIX YEARS, I

Jack Smith, Former Special Counsel204:48HAD NEVER EVEN HEARD OF SUCH A

Adam Schiff, U.S. Senator204:50THING. BUT THAT? THEY DON'T CARE ABOUT. THAT WAS DEMOCRATS WHO THE DEPARTMENT SOUGHT TO INDICT. SO THEY DO NOT CONTEST THE FAX OF JANUARY 6. LET ME GO THROUGH A COUPLE FACTS. JANUARY 2, 2021, DAYS BEFORE THE ELECTION RESULTS WERE CERTIFIED IN GEORGIA, TRUMP CALLS A REPUBLICAN SECRETARY OF STATE AND PRESSES HIM TO FIND 11,780 VOTES, JUST ENOUGH VOTES TO OVERTAKE JOE BY A SINGLE VOTE.

Adam Schiff, U.S. Senator204:50WHAT DO MY REPUBLICAN COLLEAGUES HAVE TO SAY ABOUT THAT? TO SAVE -- DO THEY SAY, OH, TRUMP NEVER DID THAT? DID YOU EVER HEAR WHEN MY COLLEAGUES MADE THAT CLAIM TODAY? MR. SMITH: NO. SEN. SCHIFF: NONE OF THEM DENIED

Jack Smith, Former Special Counsel205:38IT?

Adam Schiff, U.S. Senator205:38DID ANY MAKE THAT ARGUMENT? MR. SMITH: NO. SEN. SCHIFF: THAT IS ON TAPE AND

Jack Smith, Former Special Counsel205:43IT WOULD BE DIFFICULT TO CONTEST

Adam Schiff, U.S. Senator205:45THAT, OF COURSE. HE ALSO SAID, SO WHAT ARE WE GOING TO DO HERE, FOLKS? THIS IS TRUMP ON THE PHONE, I ONLY NEED 11,000 VOTES. FELLOWS, I NEED 11,000 VOTES, GIVE ME A BREAK.

Adam Schiff, U.S. Senator205:45DO YOU CALL MY REPUBLICAN COLLEAGUE SAID THAT NEVER TOOK PLACE? MR. SMITH: NO. SEN. SCHIFF: THEY DO NOT CONTEST

Jack Smith, Former Special Counsel206:06THOSE FACTS.

Adam Schiff, U.S. Senator206:06HOW ABOUT THIS WITH RESPECT TO THE MAR-A-LAGO -- ACTUALLY, RESPECT TO JANUARY 6, TRUMP CALLS TOP DOJ OFFICIALS DECEMBER 27, 2020 2020, ACTING ATTORNEY GENERAL JEFFREY ROSEN, ACTING DEPUTY ATTORNEY GENERAL RICHARD DONOGHUE, AND IN THAT 90-MINUTE PHONE CALL, TRUMP COMPLAINS ELECTION WAS STOLEN FROM HIM, EVEN AFTER DOJ OFFICIALS REPEATEDLY REBUT HIS CLAIMS CLAIMS.

Adam Schiff, U.S. Senator206:06AN AG ROSEN SAYS, UNDERSTAND THE DOJ CAN'T AND WON'T SNAP ITS FINGERS AND CHANGE THE OUTCOME OF THE ELECTION. IT DOES NOT WORK THAT WAY. THE PRESIDENT, DONALD TRUMP, REPLIES, I DON'T EXPECT YOU TO DO THAT, JUST SAY THE ELECTION WAS CORRUPT AND LEAVE THE REST TO ME AND THE REPUBLICAN CONGRESS.

Adam Schiff, U.S. Senator206:52DID YOU HEAR ANY OF MY REPUBLICAN COLLEAGUES CONTEST THOSE FACTS? MR. SMITH: NO. SEN. SCHIFF: DID ANY SAY DONALD

Jack Smith, Former Special Counsel207:07TRUMP NEVER TRIED TO PRESSURE

Adam Schiff, U.S. Senator207:08THE JUSTICE DEPARTMENT TO MAKE STUFF UP ABOUT THE 2020 ELECTION? MR. SMITH: NO. SEN. SCHIFF: YOU HEARD THEM

Jack Smith, Former Special Counsel207:14ATTACK YOU A LOT, RIGHT?

Adam Schiff, U.S. Senator207:16MR. SMITH: I DID, BUT I AM NOT REALLY CONCERNED ABOUT THAT.

Jack Smith, Former Special Counsel207:18IT IS MUCH MORE IMPORTANT THAT THE PUBLIC SERVANTS WHO I WORK WITH, THAT WE STOP VILIFYING PUBLIC SERVANTS. SEN. SCHIFF: I AGREE WITH YOU

Adam Schiff, U.S. Senator207:27COMPLETELY. AND I HAVE SEEN HOW THEY HAVE BEEN VILIFIED. I HEARD KASH PATEL SITTING WHERE YOU ARE SITTING MAKE THE PLAINLY FALSE ARGUMENT THAT NONE OF THE AGENTS WHO WORK FOR YOU WERE FIRED FOR WORKING ON THE INVESTIGATION OF DONALD TRUMP.

Adam Schiff, U.S. Senator207:27THEY ACTUALLY MADE THAT CLAIM. THAT IS JUST PATENTLY ABSURD. AND THERE WILL BE A TIME WHEN HE WILL FACE CONSEQUENCES FOR MAKING CLAIMS LIKE THAT UNDER OATH. BUT LET ME ASK YOU THIS. FOR ALL OF THE HYPERVENTILATION WE HEARD TODAY TODAY, IF THIS COMMITTEE REALLY WANTED TO KNOW THE FACTS, FOR EXAMPLE, ABOUT THE STORAGE OF ALL THE MAR-A-LAGO CLASSIFIED DOCUMENTS DOCUMENTS, LET ME SEE AN IMAGE OF THE MAR-A-LAGO DOCUMENTS -- WOULDN'T THEY WANT TO SEE VOLUME TWO OF YOUR REPORT?

Adam Schiff, U.S. Senator208:12IF THEY WANTED TO KNOW THE FACTS, WOULDN'T THAT REPORT SHED LIGHT ON THE FACTS OF THE PRESIDENT SEQUESTERING THESE DOCUMENTS IN THE BATHROOM AT MAR-A-LAGO? MR. SMITH: I WANT TO MAKE SURE I AM IN COMPLIANCE WITH JUDGE

Jack Smith, Former Special Counsel208:33CANNON'S ORDERS, SO I WILL NOT SPEAK OF ANYTHING THAT WOULD IMPLY THAT. SEN.

Adam Schiff, U.S. Senator208:39LET ME ASK PROCEDURALLY THEN, THE JUSTICE DEPARTMENT, PRIOR TO DONALD TRUMP BECOMING PRESIDENT, WANTED VOLUME TWO OF YOUR REPORT RELEASED, DID THEY NOT? MR. SMITH: THE JUSTICE DEPARTMENT, I BELIEVE, RELEASED

Jack Smith, Former Special Counsel208:50VOLUME ONE. SENATOR SCHIFF: I AM TALKING

208:53ABOUT VOLUME TWO. THEY ALSO WANTED TO RELEASE VOLUME TWO, DID THEY NOT? MR. SMITH: HONESTLY, I SUBMITTED THESE REPORTS UNDER THE SPECIAL

Jack Smith, Former Special Counsel209:04COUNSEL REGULATIONS AND LET THE JUSTICE DEPARTMENT IMMEDIATELY THEREAFTER. SEN.

Adam Schiff, U.S. Senator209:08THAT WAS THE COMMITMENT OF THE DEPARTMENT OF JUSTICE JUSTICE, BUT THE NEW CROWD UNDER DONALD TRUMP, CRIMINAL DEFENSE LAWYERS FOR DONALD TRUMP, CHANGED THEIR POSITION. THEY WOULD NO LONGER ADVOCATE FOR THE RELEASE. I WOULD THINK, IF OUR CHAIRMAN AND REPUBLICAN COLLEAGUES REALLY WANTED TO GET TO THE FACTS, THEY WOULD WANT TO SEE THAT REPORT.

Adam Schiff, U.S. Senator209:12THE CHAIRMAN AND RANKING MEMBER TOGETHER HAVE THE POWER TO SUBPOENA THAT REPORT. I AM GOING TO MAKE A MOTION AT OUR NEXT BUSINESS MEETING THAT CALLS FOR A SUBPOENA TO SUBPOENA YOUR REPORT. WE SHOULD SEE IT, THE COUNTRY SHOULD SEE IT.

Adam Schiff, U.S. Senator209:12THOSE CASES HAVE BEEN DISMISSED. THERE IS NO PREJUDICE TO ANY ONGOING PROSECUTION. THEY WANT TO SEE THE FACTS AND SHOW THEM THE FACTS. BUT THEY DON'T WANT TO SEE THE FACTS. THEY COULD HAVE ASKED FOR YOUR REPORT, THEY DO NOT WANT TO SEE YOUR REPORT, DO NOT WANT THE COUNTRY TO SEE IT.

Adam Schiff, U.S. Senator209:57NOW THEY WANT TO COME IN HERE AND CALL YOU A DIRT BAG. BECAUSE THAT MEANS I DO NOT HAVE TO CONFRONT ANY OF THE EVIDENCE WE HAVE PRODUCED PRODUCED, AND YOU MADE A POINT EARLIER THAT I WANT TO UNDERSCORE BECAUSE I SAT ON THE JANUARY 6 COMMITTEE.

Adam Schiff, U.S. Senator209:57WHAT MADE THOSE HEARINGS POWERFUL, WHAT MADE MORE INVESTIGATION POWERFUL, THE REASON GRAND JUROR'S AMONG OTHERS INDICTED THE PRESIDENT IS BECAUSE THE WITNESSES WERE ALMOST ALL REPUBLICANS. IT WAS NOT A PARTISAN THING. THE WITNESSES SPOKE ABOUT THE CRIMES THE PRESIDENT COMMITTED, AND MY COLLEAGUES ON THE OTHER SIDE OF THE BREAK I'LL WOULD HAVE THE COUNTRY BELIEVE THAT, WELL, BECAUSE DONALD TRUMP WAS INDICTED IN TWO SEPARATE CASES, SOMETHING UNPRECEDENTED IN HISTORY, THEN YOU MUST BELIEVE THAT THE PROSECUTIONS WERE IMPROPER IMPROPER.

Adam Schiff, U.S. Senator210:42WELL, THAT'S ONE EXPLANATION, THE WRONG EXPLANATION. IT COULD ALSO BE, THIS IS THE FIRST PRESIDENT IN HISTORY WHO HAS REPEATEDLY BROKEN THE LAW AND THE FIRST PRESIDENT EVER TO INCITE AN INSURRECTION IN AN ATTEMPT TO STOP THE PEACEFUL TRANSFER OF POWER.

Adam Schiff, U.S. Senator210:42THE FIRST PRESIDENT WHO HAS TRIED TO OBSTRUCT AN INVESTIGATION INTO THE WITHHOLDING OF BOXES AND BOXES OF CLASSIFIED MATERIALS. SO I WANT TO THANK YOU AGAIN FOR YOUR SERVICE TO THE COUNTRY. I WANT TO THANK YOU FOR THE SERVICE OF EVERY MEMBER OF YOUR TEAM TEAM.

Adam Schiff, U.S. Senator211:27ON BEHALF OF ONE REPRESENTATIVE OF THE FEDERAL GOVERNMENT, I WANT TO APOLOGIZE FOR THE DEPLORABLE TREATMENT THAT YOUR TEAM HAS RECEIVED FROM THIS CONGRESS AND FROM THIS GOVERNMENT, FOR ALL THE DEATH THREATS THEY HAVE RECEIVED, FOR THEIR IMPROPER FIRING FIRING, FOR THE BURDENS PLACED ON THEIR FAMILIES.

Adam Schiff, U.S. Senator211:27MY COLLEAGUES TALKED ABOUT THE STRESS ON MEMBERS ABOUT HAVING THE TOLL RECORDS REQUESTED AS WITNESSES WITNESSES, NOT EVEN TARGETS. WHAT ABOUT THE DEATH THREATS YOUR TEAM IS RECEIVING. THAT YOU HAVE RECEIVED. I THANK YOU FOR TAKING ON THIS CHALLENGE AND FOR YOUR WILLINGNESS TO TESTIFY, YOUR EAGERNESS TO TESTIFY.

Adam Schiff, U.S. Senator212:12I HOPE THAT WE CAN LET THE COUNTRY SEE YOUR WORK PRODUCT AND SEE THE RELEASE OF THE SECOND VOLUME OF YOUR REPORT. YOU CAN'T TESTIFY ABOUT THAT TODAY BECAUSE JUDGE CANNON DOESN'T WANT YOU TO.

Adam Schiff, U.S. Senator212:12HER DECISIONS HAVE BENT OVER BACKWARDS TO DO SERVICE FOR THE PRESIDENT. AND BECAUSE THIS COMMITTEE DOESN'T WANT YOU TO. AND THIS JUSTICE DEPARTMENT WON'T GIVE YOU GUIDANCE ABOUT WHAT YOU COULD EVEN SAY TODAY BECAUSE THEY DON'T WANT YOU TO.

Adam Schiff, U.S. Senator212:12THEY WANT YOU TO HAVE THE FEAR THEY WILL COME AFTER YOU IF YOU TESTIFY ABOUT THE VOLUMES OF EVIDENCE THAT YOU HAVE ACQUIRED. SO THANK YOU FOR YOUR SERVICE TO THE COUNTRY COUNTRY, AND I'M SORRY YOU HAVE BEEN TREATED WITH SUCH SHABBY SHABBY, AD HOMINEM ATTACKS.

Adam Schiff, U.S. Senator212:58YOU DESERVE BETTER, AND SO DID THE AMERICAN PEOPLE. I YELLED BACK. >> ON BEHALF OF THE CHAIR, I RECOGNIZE MYSELF. MR. SMITH, THANK YOU FOR BEING HERE. THE ONE THING I JUST WANT TO OBSERVE WHERE I MAY BE A BIT OF AN ODD DUCK IN THIS COMMITTEE IS I HAVE VERY FEW SKILLS BUT A GOOD MEMORY IS ONE OF THEM.

Adam Schiff, U.S. Senator212:58I THINK IT IS FASCINATING HOW PEOPLE WANTED TO PICK UP THE MANTLE OF VINDICTIVE PROSECUTION OR WHATEVER ELSE WHEN THEIR GUY IS NOT AN OFFICE. BUT I WAS JUST GOING BACK THROUGH AI AFTER YOU FINISHED YOUR OPENING STATEMENT STATEMENT, SAYING GIVE ME THREE EXAMPLES WHERE THERE WAS GENERAL CONSENSUS THAT THERE WAS A VINDICTIVE PROSECUTION GOING ON DATING BACK TO OBAMA ONE.

Adam Schiff, U.S. Senator213:43EVERY SINGLE ONE OF THEM, WHETHER IT WAS LOIS LERNER, WHAT THE IRS WAS DOING, OR CROSSFIRE HURRICANE, JUDICIAL OR PROSECUTORIAL MISCONDUCT IS SOMETHING THAT IS ALWAYS GOING ON. SO I FIND IT INTERESTING THAT PEOPLE THINK THEY ARE THE ONLY PARTY WHO IS RIGHTEOUS ON THIS.

Adam Schiff, U.S. Senator213:43THAT IS A GENERAL STATEMENT. I DO NOT EXPECT YOU TO SPEAK TO IT. BUT MORE RECENTLY, I HAVE THOUGHT THAT 8647 WAS PROBABLY NOT A SOLID BASIS FOR A FORMER FBI DIRECTOR, WHO DISAPPOINTED ME PROFOUNDLY ON THIS COMMITTEE, PROBABLY NOT THE RIGHT WAY TO SPEND OUR TIME.

Adam Schiff, U.S. Senator214:29JUST SO YOU KNOW, I HAD TO GET THAT OUT THERE. I THINK WE ALL NEED TO BE MINDFUL OF HOW WE BEHAVE AND HOW WE ARE PERCEIVED. AND THERE ARE PEOPLE WHO FELT LIKE THERE WAS A POLITICAL MOTIVATION TO WHAT YOU ARE DOING.

Adam Schiff, U.S. Senator214:29BUT I ALSO THINK IF YOU LOOK AT SOME OF THE FACTS, THE FACTS ARE WHAT THEY ARE. IT HAS BEEN INTERESTING TO SEE AT SOME POINT IN THE FUTURE IF WE CAN GET DOWN TO WHO PRECISELY WAS RESPONSIBLE FOR FORCING EVERY MEMBER OF THE U.S.

Adam Schiff, U.S. Senator214:29SENATE TO BE IN THIS ROOM WHILE THUGS DESTROYED THIS BUILDING AND INJURED OVER 100 POLICE OFFICERS. I HOPE TO HELL SOMEDAY WE CAN FIND SOMEBODY WAS ACCOUNTABLE FOR THAT AND HOPEFULLY WE CAN COOL THE POLITICAL TEMPERATURES TO GET TO THAT FACT BASED ASSESSMENT.

Adam Schiff, U.S. Senator215:15BUT MR. SMITH, IF YOU WERE TO LOOK BACK AT THE TWO INVESTIGATIONS, WE HAVE FOCUSED MOST OF OUR TIME AT, LET'S JUST SAY YOU FEEL VERY STRONGLY THAT THERE WAS CRIMINAL INTENT OR SUFFICIENT EVIDENCE TO MOVE FORWARD WITH PROSECUTION.

Adam Schiff, U.S. Senator215:15ARE THERE ANY THINGS THAT IF YOU DID IT DIFFERENTLY, THAT LOOKING BACK YOU MAY HAVE TAKEN A DIFFERENT TACT OR TRIED TO BUILD -- EVEN IN YOUR JOB, YOU STILL HAVE TO BUILD PUBLIC SUPPORT FOR WHAT YOU ARE DOING, BECAUSE THE DEFAULT ALWAYS IS HERE.

Adam Schiff, U.S. Senator215:15WHOEVER DOES NOT HAVE THE WHITE HOUSE IS A VINDICTIVE PROSECUTION. CAN YOU THINK OF EXAMPLES WHERE YOU WISHED YOU MANAGED THE PROCESS DIFFERENTLY OR ENGAGE DIFFERENT PEOPLE TO TRY AND RISE ABOVE THAT THAT, THE ALLEGATIONS YOU HAVE HEARD TODAY ABOUT POLITICAL MOTIVATION BEHIND PROSECUTIONS?

Adam Schiff, U.S. Senator216:00MR. SMITH: YES, AND THANK YOU FOR THAT QUESTION.

Jack Smith, Former Special Counsel216:13SEN. TILLIS: SPEAK REAL LOUD.

Thom Tillis, U.S. Senator216:14THERE YOU GO. MR. SMITH: YES, ONE OF THE

Jack Smith, Former Special Counsel216:17THINGS THAT I WAS TAUGHT AS A PROSECUTOR THROUGHOUT MY CAREER IS YOU ONLY DO YOUR TALKING IN THE COURTROOM. THAT YOU DO NOT TALK ON THE COURTHOUSE STEPS. ONE OF THE THINGS THAT I LEARNED FROM THIS EXPERIENCE IS THAT IF YOU STICK TO THAT AND THAT ALONE, PEOPLE CAN UNFAIRLY MALIGN YOUR TEAM, YOU, AND YOUR CASE IN A WAY AND YOU REALLY CANNOT RESPOND BECAUSE YOU DO NOT WANT TO INTERFERE WITH SOMEONE'S RIGHT TO A FAIR TRIAL AND YOU DO NOT WANT TO GET DOWN IN THE GUTTER AND START CALLING PEOPLE NAMES.

Jack Smith, Former Special Counsel216:21BUT AT SAME TIME, THERE ARE THINGS BEING PUT OUT DAILY THAT ARE PATENTLY UNTRUE AND YOU KNOW THEY ARE UNTRUE. I AM NOT ADVOCATING THAT IN THE FUTURE PRESIDENTS GO ON THE INTERNET EVERY DAY RESPONDING TO COMMENTS.

Jack Smith, Former Special Counsel216:21BUT I DO THINK THAT THE SCHOOL PROSECUTION I CAME FROM WHERE WE ONLY SPEAK IN THE COURTROOM, I DO AGREE THAT PROSECUTORS IN THE FUTURE NEED TO LEARN TO BE ABLE TO COMMUNICATE TO THE OUTSIDE WORLD, BECAUSE I BELIEVE STRONGLY WE DID OUR INVESTIGATION THE RIGHT WAY.

Jack Smith, Former Special Counsel217:06BUT I LIMITED MYSELF IN WHO I TALKED TO ABOUT THAT. I THINK I DID TWO ANNOUNCEMENTS THAT WERE UNDER FOUR MINUTES IN THE TIME I WAS A SPECIAL COUNSEL. I THINK GOING FORWARD FORWARD, TO ENGENDER PUBLIC TRUST IN THESE CASES, I THINK THAT IS A REAL THING WE NEED TO THINK ABOUT GOING FORWARD IN THE FUTURE.

Jack Smith, Former Special Counsel217:06SEN. TILLIS: YEAH YEAH, YOU HAPPEN TO

Thom Tillis, U.S. Senator217:45HAVE GOTTEN INTO THIS JOB WHEN WE HAD THE AMPLIFIER AND THE SUSTAINER OF SOCIAL MEDIA. FRANKLY, PEOPLE HAVE ALWAYS BEEN CRITICIZING PROSECUTORS FOR CASES, YOU JUST DO NOT HAVE THAT PERSISTENT INBOX OF THINGS SAID ABOUT YOU.

Thom Tillis, U.S. Senator217:48I THINK YOU NEED TO LOOK PAST THAT. YOU HAVE TO WIN IN THE COURTROOM, NOT IN PUBLIC OPINION. I THINK WE NEED PEOPLE TO SET THE EXAMPLE AND STOP WORRYING ABOUT IT. MY GOD, I GET IT EVERY DAY.

Thom Tillis, U.S. Senator217:48THAT IS WHY I DON'T LOOK AT SOCIAL MEDIA. BUT I THINK YOU HAVE UNDERMINED SOME OF THE CREDIBILITY BY GOING OUT THERE AND KIND OF BEING THE SPOKESPERSON DEALING WITH THE POLITICS OF THE PROSECUTION WHERE I THINK THE OBSERVATION WAS THAT TALKING SHOULD GO IN THE COURTROOM, WHEN I HOPE PEOPLE INTERNALIZE.

Thom Tillis, U.S. Senator217:48CAN YOU GIVE ME AN IDEA OF JUST THE SHEER VOLUME OF THE DOCUMENTATION -- YOU ARE TALKING TO SOMEBODY THAT DOES NOT EVEN BRING A PEN IN, I WRITE NOTHING DOWN, DO NOT EVEN TAKE NOTES.

Thom Tillis, U.S. Senator218:34AND I NEVER LEAVE WITH A PIECE OF PAPER THAT WAS HANDED TO ME, WHETHER THEY SAY I CAN OR NOT. THAT REMOVES ANY DOUBT ABOUT WHETHER OR NOT I AM IN POSSESSION OF CLASSIFIED DOCUMENTS.

Thom Tillis, U.S. Senator218:34CAN YOU GIVE ME SOME SENSE OF THE SCALE AGAIN OF WHAT YOU BELIEVE YOU FOUND THAT MAR-A-LAGO? MR. SMITH: I DON'T THINK I CAN DO TO JUDGE CANNON'S ORDER.

Jack Smith, Former Special Counsel219:09SEN. TILLIS: THAT IS IN VOLUME

Thom Tillis, U.S. Senator219:11TWO OF THE REPORT? MR. SMITH: CORRECT. SEN. TILLIS: WHAT IS THE

Jack Smith, Former Special Counsel219:15SUBSTANCE OF THAT REPORT OVER

Thom Tillis, U.S. Senator219:16TIME? AT WHAT POINT WILL THAT REPORT BECOME KNOWN? >> I DON'T KNOW AND DO NOT HAVE RULE OVER THAT. I DRAFTED THE REPORT REPORT. I HAD NO ROLE IN WHETHER THAT BECAME PUBLIC OR NOT.

Thom Tillis, U.S. Senator219:16SEN. TILLIS: SORRY TO INTERRUPT YOU, BUT I DO BELIEVE WE HAVE OVER CLASSIFIED A LOT OF IRAQ -- A LOT OF DOCUMENTS. MAYBE SOME OF THESE PEOPLE THAT ARE GETTING INTO TROUBLE IS THAT THEY HAD DOCUMENTS THAT SHOULD HAVE NEVER BEEN CLASSIFIED.

Thom Tillis, U.S. Senator219:41BUT IT IS VERY IMPORTANT TO ME TO KNOW ABOUT THE MAGNITUDE OF SOME OF THESE DOCUMENTS THAT WERE OUTSIDE OF THIS GIFT, OUTSIDE OF A CLASSIFIED SETTING. THAT IS VERY CONCERNING TO ME, WHETHER YOU ARE DEMOCRAT OR REPUBLICAN, I THINK YOU SHOULD BE HELD ACCOUNTABLE FOR IT.

Thom Tillis, U.S. Senator219:41MY COLLEAGUES SHOULD BE HELD ACCOUNTABLE FOR IT. THERE IS NO EXCUSE. SO WE ARE NOT REALLY GOING TO KNOW ABOUT THAT UNTIL MAYBE SOME POINT IN THE FUTURE. WHY IS THAT ODD? WHY SHOULD I FIND THAT ODD?

Thom Tillis, U.S. Senator219:41WHY CAN'T WE KNOW ABOUT THE SUBSTANCE AND SOME OF THOSE DOCUMENTS NOW? MR. SMITH: WELL, YOU CANNOT KNOW ABOUT IT FROM ME BECAUSE I WANT

Jack Smith, Former Special Counsel220:28TO FOLLOW JUDGE CANNON'S ORDERS. SEN. TILLIS: I AM JUST TALKING

Thom Tillis, U.S. Senator220:32ABOUT TO THE GENERAL PUBLIC. I ASSUME -- CAN THAT EVIDENCE IS COLLECTED BE RESUMED IN AN INVESTIGATION AT SOME POINT OR IS THAT OFF THE TABLE BASED ON THE WAY IT WAS ACQUIRED? I AM NOT AN ATTORNEY, SO I DO NOT ASK QUESTIONS I KNOW THE ANSWER TO.

Thom Tillis, U.S. Senator220:33I AM LEGITIMATELY TRYING TO UNDERSTAND THE INFORMATION AND THE STATUS OF IT NOW AND WHETHER IT IS RELEVANT TO FUTURE PROSECUTIONS. IT MR.

Jack Smith, Former Special Counsel220:56I AM JUST TRYING TO BE MINDFUL OF JUDGE CANNON'S ORDER. I THINK THE ONLY THING I CAN SHARE WITH YOU IS THAT WE DISMISSED THE CASE AND DISMISSED IT WITHOUT PREJUDICE. I HAVE NOT GIVEN THOUGHT TO WHAT WOULD HAPPEN AFTER THAT.

Jack Smith, Former Special Counsel220:57SEN. TILLIS: YOU DISMISS THAT

Thom Tillis, U.S. Senator221:10BASED ON THE REALITY THAT THE PRESIDENT WON REELECTION. MR. SMITH: YES, CORRECT.

Jack Smith, Former Special Counsel221:16SEN. TILLIS: WHAT ABOUT THE OTHER TWO CASES NOT RELATED TO

Thom Tillis, U.S. Senator221:19THE PRESIDENT THAT WERE DISMISSED AFTER THE PRESIDENT WAS SWORN IN, YOU HAD NOTHING TO DO WITH THAT, RIGHT? THE DISMISSAL OF THE EVIDENCE? MR. SMITH: CORRECT. THE DISMISSAL OF THOSE CASES WAS

Jack Smith, Former Special Counsel221:31DONE AFTER JANUARY 2025. THE POLICY THAT REQUIRED ME TO DISMISS THE CASE AGAINST PRESIDENT TRUMP DID NOT REQUIRE ME TO DISMISS THOSE CASES. SEN. TILLIS: BUT IT WAS A

Thom Tillis, U.S. Senator221:43DECISION MADE BY THE DOJ? MR. SMITH: CORRECT. SEN. TILLIS: LAST THING, I KNOW

Jack Smith, Former Special Counsel221:50YOU HAVE TAKEN SOME NOTES,

Thom Tillis, U.S. Senator221:50BECAUSE I NEED TO PARSE THROUGH SOME OF WHAT WAS SAID TODAY, I THINK THERE ARE SOME VERY IMPORTANT POINTS THAT WERE MADE TODAY THAT MAY BE IN CONFLICT. FOR ME, THEY ARE EITHER SIDE.

Thom Tillis, U.S. Senator221:50I THINK YOU OWE IT TO YOURSELF IN THIS COMMITTEE TO COMMIT IN WRITING TO ADDRESSING THESE AND SUBMIT IT TO THE COMMITTEE. CAN I GET YOUR COMMITMENT TO DO THAT? THINKING ABOUT SOME OF THE EXCHANGE WITH SENATOR SCHMITT.

Thom Tillis, U.S. Senator221:50BUT ANY OF THESE THINGS THAT KIND OF LEFT OUT OUT, AN ALLEGATION I AM NOT SURE WAS COMPLETELY PROVEN, I THINK YOU OWE IT TO YOURSELF IN THIS COMMITTEE TO PROVIDE A RESPONSE. CAN I GET THAT COMMITMENT?

Thom Tillis, U.S. Senator221:50MR. SMITH: YES. SEN. WHITEHOUSE: THANKS VERY

Jack Smith, Former Special Counsel222:36MUCH YES. SEN. WHITEHOUSE: THANKS VERY MUCH.

Sheldon Whitehouse, U.S. Senator222:38MR. SMITH, WELCOME THANKS VERY MUCH. MR. SMITH, WELCOME. I SERVED FOUR YEARS AS A UNITED STATES ATTORNEY, SO I HAVE SOME FAMILIARITY WITH THE DEPARTMENT OF JUSTICE PROCEDURES PROCEDURES. WE DID PUBLIC CORRUPTION INVESTIGATIONS IN THAT PERIOD PERIOD, AND I THINK SOME OF WHAT IS TAKING PLACE TODAY REFLECTS A LACK OF FAMILIARITY WITH STANDARD DEPARTMENT OF JUSTICE PROCEDURES, SO I WOULD LIKE TO SPEND MY TIME WITH YOU TALKING ABOUT STANDARD DEPARTMENT OF JUSTICE PROCEDURES.

Sheldon Whitehouse, U.S. Senator222:38SPECIFICALLY WITH RESPECT TO OBTAINING THE TOLL RECORDS OF MEMBERS OF CONGRESS, WE ACTUALLY HAVE A -- I GUESS WHAT A REALTOR WOULD CALL A COMPARABLE. BECAUSE BEFORE YOU OBTAINED TOLL RECORDS OF MEMBERS OF CONGRESS, THE DEPARTMENT OF JUSTICE, UNDER PRESIDENT TRUMP IN HIS FIRST ADMINISTRATION, OBTAINED TOLL RECORDS OF MEMBERS OF CONGRESS.

Sheldon Whitehouse, U.S. Senator223:24AND PUTTING THOSE TWO THINGS SIDE-BY-SIDE I THINK MAKES FOR AN INSTRUCTIVE COMPARISON. LET ME START BY ASKING YOU TO EXPLAIN THE DIFFERENCE BETWEEN TOLL RECORDS AND WIRETAP. MR. SMITH: A WIRETAP IS AN

Jack Smith, Former Special Counsel224:01ONGOING, FORWARD-LOOKING, IN ESSENCE A WIRETAP IS AN ONGOING, FORWARD-LOOKING, IN ESSENCE, EAVESDROPPING ON A CONVERSATION THAT IS HAPPENING AS IT IS HAPPENING. YOU GO TO A JUDGE, MAKE AN APPLICATION APPLICATION, FINDINGS NEED TO BE MADE BEFORE THE GOVERNMENT CAN ENGAGE IN A WIRETAP WIRETAP.

Jack Smith, Former Special Counsel224:05SEN. WHITEHOUSE: AND YOU HAVE

Sheldon Whitehouse, U.S. Senator224:21ACCESS TO CONTENT OF CONVERSATIONS THROUGH A WIRETAP, CORRECT? MR. SMITH: CORRECT. SEN. WHITEHOUSE: WHAT ABOUT TOLL

Jack Smith, Former Special Counsel224:29RECORDS?

Sheldon Whitehouse, U.S. Senator224:29MR. SMITH: TO MY UNDERSTANDING, TOLL RECORDS DO NOT CONTAIN THE

Jack Smith, Former Special Counsel224:33CONTENT OF CONVERSATIONS. THE RELEVANT PORTIONS, IN MY UNDERSTANDING COME ONLY SHOW WHO A CALL WAS FROM, WHO A CALL IS TO TO, AND DURATION OF THE CALL. THEY DO NOT CONTAIN THE CONTENT OF THE CALL.

Jack Smith, Former Special Counsel224:33SEN. WHITEHOUSE: SO IN THE FIRST

Sheldon Whitehouse, U.S. Senator224:48TRUMP ADMINISTRATION, THE DEPARTMENT OF JUSTICE INVESTIGATED CLASSIFIED INFORMATION LEAKS TO THE PRESS AND OBTAINED COMMUNICATION RECORDS FOR DEMOCRATIC MEMBERS OF CONGRESS AND STAFFERS. WHEN THAT CAME OUT, CHAIRMAN GRASSLEY SAID, PROBES INTO CONGRESS ARE NOT UNUSUAL UNUSUAL.

Sheldon Whitehouse, U.S. Senator224:52HE SAID, INVESTIGATIONS INTO MEMBERS OF CONGRESS AND STAFF ARE NOTHING NEW. AND HE SAID, THE JUSTICE DEPARTMENT HAS SPECIFIC PROCEDURES FOR SUCH SENSITIVE INVESTIGATIONS. THAT WAS THE RESPONSE AT THE TIME WHEN DEMOCRATS WERE THE SUBJECT OF THE ACQUISITION OF TOLL RECORDS BY THE DEPARTMENT OF JUSTICE JUSTICE.

Sheldon Whitehouse, U.S. Senator224:52SO IN THAT INVESTIGATION, THE DEPARTMENT OF JUSTICE SUBPOENAED DEMOCRATS' TOLL RECORDS, AND YOU SUBPOENAED REPUBLICANS TOLL RECORDS, CORRECT? MR. SMITH: CORRECT. SEN. WHITEHOUSE: AND I HAVE NOT

Jack Smith, Former Special Counsel225:48HEARD MUCH COMPLAINING ABOUT THE

Sheldon Whitehouse, U.S. Senator225:50SUBPOENAS OR TOLL RECORDS DONE UNDER TRUMP ONE, AND WE ARE HERE TODAY WITH RESPECT TO YOUR SUBPOENAS. THE TRUMP DEPARTMENT OF JUSTICE SUBPOENAED THE RECORDS OF ONE MEMBER OF CONGRESS' SPOUSE AND CHILD. ACCORDING TO VERIZON, YOU SUBPOENAED THE RECORDS OF A SENATOR'S FAMILY MEMBER.

Sheldon Whitehouse, U.S. Senator225:50CORRECT? MR. SMITH: I'M NOT SURE THAT IS CORRECT.

Jack Smith, Former Special Counsel226:18SEN. WHITEHOUSE: IF IT IS, AND

Sheldon Whitehouse, U.S. Senator226:19THAT IS SOMETHING THAT IS COMPLAINED OF, THAT HAS A PARALLEL IN THE DOJ INVESTIGATION UNDER TRUMP ONE WHERE A SPOUSE AND A CHILD HAD THEIR TOLL RECORDS SUBPOENAED. IN THE FIRST MATTER, THE TRUMP DEPARTMENT OF JUSTICE OBTAINED ONE STAFFER'S EMAILS FROM WHEN THAT STUFF OR WORK FOR CONGRESS.

Sheldon Whitehouse, U.S. Senator226:21AND YOU OBTAINED MEMBERS' TEXT MESSAGES, CORRECT? MR. SMITH: I'M SORRY, COULD YOU SAY THAT AGAIN?

Jack Smith, Former Special Counsel226:50SEN. WHITEHOUSE: YOU OBTAINED MEMBERS OF TEXT MESSAGES.

Sheldon Whitehouse, U.S. Senator226:53MR. SMITH: IN MY RECOLLECTION

Jack Smith, Former Special Counsel226:57REGARDING TEXT MESSAGES, IT IS THAT IT IS NOT TOLL RECORDS, IF WHAT YOU ARE REFERRING TO IS, WE SUBPOENAED OR SECURED OTHER INFORMATION LIKE THE INFORMATION FROM THE NATIONAL ARCHIVES THAT HAPPENED TO HAVE CONTACTS WITH MEMBERS OF CONGRESS IN IT, YES.

Jack Smith, Former Special Counsel226:58SEN. WHITEHOUSE: AND IF A TEXT OF A MEMBER OF CONGRESS APPEARED

Sheldon Whitehouse, U.S. Senator227:20IN THE TEXT CHAIN OF, SAY, A WHITE HOUSE STAFFER WHOSE TEXTS HAD BEEN SUBPOENAED IN THE SAME WAY THE WIRETAP WOULD PICK UP BOTH SIDES OF THE CONVERSATION, YOU WOULD PICK UP THE TEXT MESSAGES FROM THE MEMBER OF CONGRESS BECAUSE YOU WOULD ASK FOR RECORDS RELATED TO THE RECIPIENT, THE OTHER HALF OF THAT TEXT EXCHANGE, CORRECT?

Sheldon Whitehouse, U.S. Senator227:20MR. SMITH: THAT IS CORRECT. FOR EXAMPLE, IF YOU WERE TO SEEK

Jack Smith, Former Special Counsel227:49THIS VIEW A PHONE OF SOMEONE OUTSIDE THE GOVERNMENT OR SOMEONE IN THE GOVERNMENT, IT MAY BE THAT THEY HAD CONTACTS WITH PEOPLE IN CONGRESS, BUT THAT DOES NOT MEAN WE ARE SEEKING THEIR RECORDS.

Jack Smith, Former Special Counsel227:49WE ARE SEEKING RECORDS OF, IN THIS CASE, TALKING ABOUT THE PHONES, THE WHITE HOUSE AND GOVERNMENT PHONES IN THE NATIONAL ARCHIVES. SEN. WHITEHOUSE: IN THE EARLIER

Sheldon Whitehouse, U.S. Senator228:09MATTER, THE TRUMP DEPARTMENT OF JUSTICE OBTAINED NONDISCLOSURE ORDERS THAT PREVENTED MEMBERS OF CONGRESS FROM LEARNING THAT DOJ HAD SUBPOENAED THEIR INFORMATION. AND YOU OBTAINED NONDISCLOSURE ORDERS PREVENTING MEMBERS OF CONGRESS FROM FINDING OUT ABOUT SUBPOENAS FOR THEIR TOLL RECORDS, CORRECT?

Sheldon Whitehouse, U.S. Senator228:12MR. SMITH: WE DID SECURE NONDISCLOSURE ORDERS TO PREVENT

Jack Smith, Former Special Counsel228:32ANYBODY, INCLUDING DONALD TRUMP, FROM LEARNING ABOUT THOSE SUBPOENAS. SEN.

Sheldon Whitehouse, U.S. Senator228:36AND THE DEPARTMENT OF JUSTICE UNDER TRUMP HAD DONE THE SAME THING WITH RESPECT TO OBTAINING NONDISCLOSURE ORDERS, CORRECT? MR. SMITH: THAT IS WHAT I UNDERSTAND FROM THE PREVIOUS

Jack Smith, Former Special Counsel228:47INVESTIGATION, CORRECT. SEN. WHITEHOUSE: THE TRUMP DEPARTMENT OF JUSTICE SAID

Sheldon Whitehouse, U.S. Senator228:52NONDISCLOSURE ORDERS WERE USED TO PROTECT THE INTEGRITY OF INVESTIGATION AND PREVENT EVIDENCE FROM BEING DESTROYED. YOU TOLD THE HOUSE THAT YOU USED NONDISCLOSURE ORDERS TO PROTECT THE INTEGRITY OF YOUR INVESTIGATION AND PREVENT EVIDENCE FROM BEING DESTROYED.

Sheldon Whitehouse, U.S. Senator228:52CORRECT? MR. SMITH: CORRECT. SEN. WHITEHOUSE: AND YOU WERE

Jack Smith, Former Special Counsel229:13WORRIED ABOUT PRESIDENT TRUMP

Sheldon Whitehouse, U.S. Senator229:13AND HIS CONFEDERATES POTENTIALLY INTERFERING OR DESTROYING EVIDENCE, CORRECT? MR. SMITH: THAT IS CORRECT, AND I BELIEVE WE HAD GOOD REASON TO.

Jack Smith, Former Special Counsel229:23SEN. WHITEHOUSE: I DO NOT DOUBT

Sheldon Whitehouse, U.S. Senator229:25THAT. WHEN THE TRUMP DEPARTMENT OF JUSTICE APPLIED TO JUDGES FOR ITS NONDISCLOSURE ORDERS WITH RESPECT TO MEMBERS OF CONGRESS, THE DEPARTMENT OF JUSTICE DID NOT TELL THE JUDGES THAT THE SUBPOENAS WERE FOR MEMBERS OF CONGRESS BECAUSE THAT WAS NOT DOJ POLICY AT THE TIME TIME.

Sheldon Whitehouse, U.S. Senator229:27YOU ALSO DIDN'T TELL THE JUDGES WHO APPROVED YOUR NONDISCLOSURE ORDERS THAT THE SUBPOENAS WERE FOR MEMBERS OF CONGRESS, CORRECT? MR. SMITH: CORRECT, PURSUANT TO POLICY.

Jack Smith, Former Special Counsel229:59SEN. WHITEHOUSE: AND THAT WAS

Sheldon Whitehouse, U.S. Senator230:00THE DOJ POLICY AT THE TIME. MR. SMITH: YES.

Jack Smith, Former Special Counsel230:03SEN. WHITEHOUSE: THE DOJ INSPECTOR GENERAL LOOKED INTO

Sheldon Whitehouse, U.S. Senator230:11THE TRUMP DOJ REVIEW OF MEMBERS OF CONGRESS TOLL RECORDS AND THE NONDISCLOSURE ORDERS AND SAID APPLICATIONS IN THE TRUMP INVESTIGATION USED GENERAL LANGUAGE DESCRIBING THE RISKS THAT COULD ARISE IF THE SUBPOENAS WERE DISCLOSED.

Sheldon Whitehouse, U.S. Senator230:11YOU, TOO, USED GENERAL LANGUAGE DESCRIBING THE RISKS THAT COULD ARISE WHEN YOU APPLIED FOR YOUR NONDISCLOSURE ORDERS, CORRECT? MR. SMITH: TO MY RECOLLECTION, YES.

Jack Smith, Former Special Counsel230:46SEN. WHITEHOUSE: AGAIN,

Sheldon Whitehouse, U.S. Senator230:47CONSISTENT WITH PREVIOUS PRACTICE BY THE TRUMP DEPARTMENT OF JUSTICE. LET ME ASK YOU, FINALLY, ARE YOU AWARE OF ANY EFFORT BY THE COMMITTEE MAJORITY TO OBTAIN VOLUME TWO OF YOUR REPORT FOR THIS HEARING OR OTHER LEGISLATIVE OR INVESTIGATIVE PURPOSES?

Sheldon Whitehouse, U.S. Senator230:48MR. SMITH: I AM NOT, BUT I DO NOT KNOW IF I WOULD BE AWARE OF

Jack Smith, Former Special Counsel231:14THAT. SEN.

Sheldon Whitehouse, U.S. Senator231:15I KIND OF DOUBT YOU WOULD BE. BUT I CAN SAY THAT FROM MY PERSPECTIVE HERE AS A MEMBER OF THE COMMITTEE, THERE IS NO EVIDENCE THAT THE MAJORITY EVEN TRIED TO GET ACCESS TO THE REPORT, DID NOT EVEN TRY TO GET IT UNDER SEAL, DID NOT EVEN TRY TO GET IT IN CAMERA, DID NOT EVEN TRY TO TEST THE PROPOSITION THAT CONGRESSIONAL OVERSIGHT THAT COMES DIRECTLY FROM THE TEXT OF THE CONSTITUTION COULD GIVE US REASONS TO LOOK BEHIND A COURT ORDER THAT MAY OR MAY NOT STAND UP UNDER SCRUTINY.

Sheldon Whitehouse, U.S. Senator231:18SO MY TIME IS EXPIRED. I WILL LET IT GO, BUT I THINK, ONCE AGAIN, THIS IS A COMMITTEE THAT HAS DEFANGED ITSELF AND ITS COMPLICITY IN NOT MAKING THE SLIGHTEST EFFORT TO GET ACCESS TO THE VOLUME TWO REPORT WHOSE CONTINUED SECRECY HAS SO CABINS AND INHIBITED YOUR ABILITY TO ANSWER QUESTIONS HERE TODAY.

Sheldon Whitehouse, U.S. Senator232:03THANK YOU, CHAIRMAN. CHAIR GRASSLEY: BEFORE I CALL ON SENATOR HAWLEY, TO APPOINT

Chuck Grassley, Chair, Senate Judiciary Committee232:34SENATOR WHITEHOUSE MADE. WITHOUT OBJECTION, I WANT TO INTRODUCE INTO THE RECORD NOVEMBER 2, 2023, LETTER I SENT TO DOJ O AND G CONCERNING CONCERNS THAT IN 2017 2017, THE TRUMP DOJ SUBPOENAED THE PERSONAL PHONE AND EMAIL RECORDS OF REPUBLICAN AND DEMOCRATIC CONGRESSIONAL STAFF.

Chuck Grassley, Chair, Senate Judiciary Committee232:34ALSO ENTERING INTO THE RECORD A NOVEMBER 8, 2023, LETTER SENT FROM ME, SENATOR CRUZ, AND SENATOR REED TO ATTORNEY GENERAL GARLAND REQUESTING INFORMATION ON SUBPOENAS OF SO CONTRARY TO WHAT MY DEMOCRATIC COLLEAGUES HAVE ASSERTED, REPUBLICANS DID RAISE CONCERNS ABOUT THE DEAR J OBTAINING RECORDS FROM CONGRESSIONAL STAFF OF BOTH PARTIES.

Chuck Grassley, Chair, Senate Judiciary Committee233:20SENATOR HAWLEY. SEN.

Josh Hawley, U.S. Senator233:23THANK YOU VERY MUCH FOR MR. CHAIRMAN. MR. SMITH, I HAVE TO START BY SAYING, AND HE I UNDERESTIMATED YOU. I UNDERESTIMATED IN PARTICULAR YOUR COMEDIC TALENT. I'VE BEEN WANTING THIS WHOLE HEARING, WATCH EVERYTHING YOU SAID.

Josh Hawley, U.S. Senator233:26I NOTICED YOU BEGAN BY SAYING I HAVE NO PARTISAN LOYALTY AND YOU REPEATED OVER AND OVER AND OVER THERE IS NOTHING IN YOUR INVESTIGATION ABOUT POLITICS. THAT IS HILARIOUS. YOUR INVESTIGATION WAS ALL ABOUT POLITICS FROM DAY ONE.

Josh Hawley, U.S. Senator233:26YOUR INVESTIGATION, SO-CALLED, YOUR PROSECUTION SO-CALLED WAS NOTHING OTHER THAN AN ATTEMPT TO INTERFERE POLITICALLY IN A PRESIDENTIAL ELECTION IN THE UNITED STATES OF AMERICA. YOU, TWICE INDICTED A PRESIDENTIAL CANDIDATE, THE LEADING PRESIDENTIAL CANDIDATE AND FORMER PRESIDENT OF THE UNITED STATES DURING A PRESIDENTIAL ELECTION AGAINST ALL JUSTICE DEPARTMENT POLICY, AGAINST ALL JUSTICE DEPARTMENT HISTORY, SOMETHING NEVER BEFORE SEEN OR CONTEMPLATED IN 250 YEARS OF THIS COUNTRY'S HISTORY, YOU DID IT ANYWAY, ALL FOR THE PURPOSE OF KEEPING DONALD TRUMP OFF THE BALLOT, ALL FOR THE PURPOSE OF DENYING THE VOTERS AN OPPORTUNITY TO VOTE ON A FORMER PRESIDENT OF THE UNITED STATES AND AT THE TIME THE REPUBLICAN NOMINEE FOR PRESIDENT.

Josh Hawley, U.S. Senator234:12WE HAVE NEVER SEEN ANYTHING LIKE IT IN OUR COUNTRY'S HISTORY BEFORE. IF YOU HAD YOUR WAY, OUR ELECTIONS IN THIS COUNTRY WOULD BE LIKE RUSSIA'S. THEY HAD AN ELECTION, SURE. THEY HAD AN OPPOSITION, SURE.

Josh Hawley, U.S. Senator234:12IT IS JUST THAT PUTIN SHOWS THE OPPOSITION WHICH IS EXACTLY WHAT THE BODY JUSTICE DEPARTMENT WANTED TO DO WITH DONALD J. TRUMP. AND THAT'S EXACTLY WHAT YOU WERE DOING. TWICE INDICTED THE PRESIDENT DURING THE ELECTION, TRY TO GET HIS FIRST TRIAL SET FOR DURING THE PRIMARIES.

Josh Hawley, U.S. Senator234:58I THINK THE FIRST TRIAL DATE YOU REQUESTED WAS THREE DAYS BEFORE THE IOWA CAUCUSES. WHEN ALL OF THAT FIELD, YOU THEN FILED A SUPERSEDING INDICTMENT, A WHOLE OTHER INDICTMENT ON OCTOBER 2, 2024, FIVE WEEKS BEFORE ELECTION DAY.

Josh Hawley, U.S. Senator234:58THIS DESPITE THE FACT OF THE PUBLIC INTEGRITY DIVISION OF JUSTICE, AND A MASSACRED QUITE A LOOK AT WHEN YOU WERE AROUND, TOLD YOU DON'T DO IT. WE ARE AGAINST IT. IT WILL BE SEEN AS PARTISAN.

Josh Hawley, U.S. Senator234:58IT WILL BE SEEN AS INTERFERING. AND YOU DID IT ANYWAY, DIDN'T YOU? MR. SMITH: THAT IS INCORRECT. SEN. HAWLEY: YOU FOUND THE

Jack Smith, Former Special Counsel235:46INDICTMENT AND INDEED THE PUBLIC

Josh Hawley, U.S. Senator235:47INTEGRITY DIVISION TOLD YOU NOT TO DO IT. I HAVE YOUR NOTES FROM THE MEETING. LET'S HAVE A LOOK. THEY SAID TO YOU, THESE ARE YOUR NOTES. CALL THE PUBLIC INTEGRITY DIVISION. THEY SAID A LARGE SEGMENT OF THE POPULATION WOULD SEE THIS AS MOTIVATED BY PARTISAN PURPOSES AND WOULD NOT UNDERSTAND WHY THE DEPARTMENT COULD NOT WAIT TO SUPERSEDE.

Josh Hawley, U.S. Senator235:47THEY SAID PUBLIC INTEGRITY HAS NO PRECEDENT IT COULD CITE TO SEEK TO SUPPORT A SUPERSEDING INDICTMENT UNDER THE CIRCUMSTANCES. THEY SAID IT IS THEIR ADVICE YOU WAIT TO FILE THE SUPERSEDING INDICTMENT IF YOU DO IT AT ALL.

Josh Hawley, U.S. Senator235:47BUT YOU DID IT ANYWAY BECAUSE YOU WERE DESPERATE TO STOP DONALD J. TRUMP. AND THEN YOUR TOP DEPUTY WENT OUT AND RAN FOR CONGRESS AS A DEMOCRAT, BOASTING ABOUT IT. WHAT WAS HIS NAME?

Josh Hawley, U.S. Senator236:32YOU'RE DEPUTY, RIGHT? JP COONEY? LET'S TAKE A LOOK AT HIS CAMPAIGN POSTER. RUNNING FOR CONGRESS AS A DEMOCRAT, BOASTING ABOUT THE FACT THAT HE WENT AFTER DONALD TRUMP DURING AN ELECTION. JP COONEY, CANDIDATE FOR CONGRESS AS A DEMOCRAT.

Josh Hawley, U.S. Senator236:32MR. SMITH, YOU HAVE QUITE A HISTORY OF EVERY TIME THE LAW OR CONSTITUTION GOT IN YOUR WAY, YOU TWIST THE FACT, YOU TALK TO THE FACTS COME YOU BEEN THE LAW. YOU WANTED TO ACCUSE DONALD TRUMP, FOR EXAMPLE, APPEARING ON A VAST RIGHT WING CONSPIRACY WITH MEMBERS OF CONGRESS DURING THE ELECTORAL COUNT, SO YOU WENT TO TRY TO GET SENATOR'S PHONE RECORDS AND THEIR TEXT MESSAGES.

Josh Hawley, U.S. Senator236:32ONE PROBLEM WAS, THE CONSTITUTION PROTECTS MEMBERS OF CONGRESS WORK PRODUCT AND THE PHONE RECORDS. YOU KNEW THAT WAS THE CASE, DIDN'T YOU? MR. SMITH: I UNDERSTAND THERE ARE CONSTITUTIONAL PROTECTIONS.

Jack Smith, Former Special Counsel237:34WE FOLLOWED -- SEN. HAWLEY: YOU BRIEF THE

Josh Hawley, U.S. Senator237:38ATTORNEY GENERAL, WE HAVE THE MEMO HERE. YOU TOLD THE ATTORNEY GENERAL THAT INDEED MEMBERS HAVE LIKELY A VALID SPEECH OR DEBATE PRIVILEGE IMMUNIZING THEM FROM COMPELLING TESTIMONY. MR. CHAIRMAN, I WOULD ASK CONSIDER THIS BE ENTERED INTO THE RECORD.

Josh Hawley, U.S. Senator237:40YOU KNEW THAT WHAT YOU WENT AHEAD ANYWAY. YOU WERE ALSO TOLD THAT FEDERAL CASE LAW, THAT IS THE COURTS, SAID IT DOESN'T MATTER HOW YOU TRY AND GET THE MATERIAL, WHERE YOU GO TO THE SENATORS DIRECTLY OR WHETHER YOU GO TO PHONE COMPANIES, THE SPEECH AND DEBATE CLAUSE STILL APPLIES.

Josh Hawley, U.S. Senator237:40YOU WERE TOLD THAT EITHER WAY THE SENATORS WERE LIKELY TO BE NOTIFIED TO BE ABLE TO ASSERT THEIR PRIVILEGES, WEREN'T YOU? MR. SMITH: I DON'T BELIEVE THAT'S ACCURATE.

Jack Smith, Former Special Counsel238:20SEN. HAWLEY: REALLY?

Josh Hawley, U.S. Senator238:23HERE IS A MEMO FROM YOU TO YOUR OWN OFFICE, JANUARY 8, 2023. I HAVE IT RIGHT HERE. I WOULD ASK THIS BE ENTERED INTO THE RECORD. IT IS ENTITLED SPEECH OR DEBATE LITIGATION SUMMARY, IN WHICH YOU ARE TOLD, ADDRESSED TO JACK SMITH, SPECIAL COUNSEL, SPECIAL ASSISTANT COUNSEL, IN WHICH YOU ARE TOLD THE RAYBURN DECISION REQUIRES THE GOVERNMENT TO GIVE A MEMBER OF CONGRESS THE OPPORTUNITY TO ASSERT PRIVILEGE.

Josh Hawley, U.S. Senator238:26AND IT WAS HER OFFICE'S OWN ASSESSMENT. IT DIDN'T MATTER IF YOU WENT TO THE MEMBER OR WENT TO A PHONE COMPANY, YOU STILL HAVE TO DO IT. BUT YOU DECIDED TO IGNORE THAT, BLOW RIGHT THROUGH IT.

Josh Hawley, U.S. Senator238:26YOU WENT TO THE PHONE COMPANIES AND YOU HID THE FACT FROM THE COURT THAT YOU WERE SEEKING THE RECORDS OF MEMBERS OF CONGRESS, DIDN'T YOU? YOU DIDN'T TELL THE COURT YOU WERE SEEKING SUBPOENAS FOR THE PHONE COMPANIES FOR MEMBERS OF CONGRESS.

Josh Hawley, U.S. Senator239:13YOU HID THEM, ISN'T THAT CORRECT? MR. SMITH: WE DID NOT SAY WHO IT IS WERE FOR WHEN WE SAW A

Jack Smith, Former Special Counsel239:30NONDISCLOSURE. THAT'S CORRECT. SEN.

Josh Hawley, U.S. Senator239:32HERE IS YOUR DEPOSITION BEFORE THE HOUSE WHEN YOU WERE ASKED, WHEN YOU STOP THESE ORDERS, THE JUDGE DIDN'T KNOW IT WAS A MEMBER OF CONGRESS, IS THAT CORRECT? YOU SAID, I DON'T THINK WE IDENTIFIED THAT.

Josh Hawley, U.S. Senator239:36INSTEAD WHAT YOU DECIDED TO DO IS YOU DIDN'T TELL THE MEMBERS OF CONGRESS MY PHONE WAS LIMITED THAT YOU GOT, YOU DIDN'T TELL THE COURT YOU WENT TO THE PHONE COMPANIES, HE DIDN'T ALERT THE COURT SO THAT MEMBERS WOULD HAVE A CHANCE TO ASSERT THEIR PRIVILEGES.

Josh Hawley, U.S. Senator239:36YOU JUST RAN ROUGHSHOD OVER THE WHOLE THING. YOU ALSO KNEW THERE WAS FEDERAL LAW IN ADDITION TO THE CONSTITUTION, THAT REQUIRES THE PHONE COMPANIES TO NOTIFY MEMBERS OF CONGRESS, TO BE ABLE TO NOTIFY MEMBERS OF CONGRESS WHEN THEIR RECORDS ARE REQUESTED.

Josh Hawley, U.S. Senator239:36BUT YOU PREVENTED THE COMPANIES EFFECTIVELY FROM DOING THAT BY SEEKING A GAG ORDER AGAINST THEM, DIDN'T YOU? MR. SMITH: I DON'T THINK THAT'S ACCURATE.

Jack Smith, Former Special Counsel240:22SEN. HAWLEY: INDEED IT IS.

Josh Hawley, U.S. Senator240:25WE HAVE A GAG ORDER RIGHT HERE. LET'S LOOK AT WHAT YOU SAID TO THE COURT, THIS IS NUMBER ONE. YOU HAD THE COURT SIGNED A GAG ORDER, NONDISCLOSURE ORDER FINDING, AND YOU TESTIFIED TODAY THAT YOU WROTE IT, THAT THE COURT HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE WILL RESULT IN DESTRUCTION OF OR TAMPERING OF EVIDENCE, INTIMIDATION OF WITNESSES IN SERIOUS JEOPARDY TO THE INVESTIGATION.

Josh Hawley, U.S. Senator240:27WHEN YOU HAD THE COURT SIGNED THIS COME YOU DIDN'T TELL THE COURT YOU WERE SEEKING THE RECORDS OF MEMBERS OF CONGRESS. THE CONSTITUTION REQUIRES YOU TO NOTIFY MEMBERS. YOU DIDN'T DO THAT. IF YOU ARE GOING TO PHONE COMPANY'S TO ASSERT PRIVILEGE.

Josh Hawley, U.S. Senator240:27YOU DIDN'T DO THAT. IT REQUIRES HER TO TELL THE COURT WHEN YOU'RE GOING AFTER MEMBERS PHONE RECORDS. IT REQUIRES YOU TO ALLOW YOU TO NOTIFY MEMBERS. YOU GOT THE COURT UNDER FOSS TO PREVENT THE COMPANIES FROM DOING SO.

Josh Hawley, U.S. Senator241:12ANY THE LAW STOOD IN YOUR WAY, ANYTIME THE CONSTITUTION STOOD IN YOUR WAY, YOU JUST IGNORED IT. IS THAT WHY YOU LIED TO THE HOUSE UNDER OATH ABOUT GETTING MEMBER TEXT MESSAGES? MR. SMITH: I ANSWERED EVERY QUESTION I WAS ASKED.

Jack Smith, Former Special Counsel241:35SEN. HAWLEY: I DON'T THINK SO.

Josh Hawley, U.S. Senator241:38YOU SHOULD BE TOTALLY ASHAMED. LET ME ASK YOU THIS. ON DECEMBER 17, 2025, YOU TOLD THE HOUSE THAT YOU HAD NEVER GOTTEN TEXT MESSAGES FROM MEMBERS OF CONGRESS. HERE IS WHAT YOU SAID TO THE HOUSE.

Josh Hawley, U.S. Senator241:40DID YOU SEEK A SEARCH WARRANT FOR THE CONTENT OF ANY TEXT MESSAGES OF MEMBERS? YOU SAY, FROM MEMBERS? YES. I DON'T RECALL. I DON'T RECALL THAT. IT WAS JUST TOLL RECORDS. YOU SAY, CORRECT.

Josh Hawley, U.S. Senator241:40DO YOU RECALL THIS EXCHANGE WITH THE HOUSE? MR. SMITH: I SEE IT THERE, YES. SEN. HAWLEY: OK, GOOD.

Jack Smith, Former Special Counsel242:20ON JUNE 22, TWO FULL YEARS

Josh Hawley, U.S. Senator242:21EARLIER, YOU DEMANDED FROM THE NATIONAL ARCHIVES RECORDS THAT INCLUDED TEXT MESSAGES FROM 44 UNITED STATES SENATORS AND MEMBERS OF CONGRESS. AND INDEED, YOU GOT ALL OF THOSE RECORDS, ISN'T THAT CORRECT? MR. SMITH: YES, AND A PACKET TO EXPLAIN IF YOU'LL GIVE ME --

Jack Smith, Former Special Counsel242:39SEN. HAWLEY: WE UNDERSTAND AND

Josh Hawley, U.S. Senator242:41WE KNOW IT, NOT BECAUSE HE TOLD US, BUT BECAUSE THE DEPARTMENT OF JUSTICE DISCLOSED IT. SO TWO FULL YEARS BEFORE THIS DEPOSITION, YOU WERE IN POSSESSION OF TEXT MESSAGES FROM 44 MEMBERS OF CONGRESS THAT YOU WENT AND SUBPOENAED.

Josh Hawley, U.S. Senator242:44YOU READ THEM WITHIN 30 MINUTES, THE DEPARTMENT OF JUSTICE TOLD THIS COMMITTEE. THEY SAID WITHIN ONE HOUR OF RECEIVING THOSE TEXT MESSAGES, YOUR TEAM WAS READING THEM. AND YET, NOT ONLY DID YOU NOT NOTIFY ANY MEMBER OF CONGRESS WHOSE TEXT MESSAGES OBTAINED PURSUANT TO YOUR PROCESS, HE TOLD THE HOUSE TWO FULL YEARS LATER, HOW TO READ ALL 44 MEMBERS MESSAGES, YOU TOLD HIM THAT YOU NEVER GOT MESSAGES COME NEVER REQUESTED MESSAGES FROM ANY MEMBER OF CONGRESS.

Josh Hawley, U.S. Senator242:44THAT WAS A LIE, MR. SMITH. YOU MAY TRY TO LAWYER YOUR WAY OUT OF IT. IT WASN'T FROM THE MEMBER, IT WAS FROM THE ARCHIVES. YOU KNEW EXACTLY WHAT YOU WERE BEING ASKED, AND YOU DELIBERATELY MISLED THEM.

Josh Hawley, U.S. Senator243:29YOU ARE A SMART GUY, THAT'S PRETTY CLEAR. BUT YOU USE YOUR ABILITY AND POWERS OF YOUR OFFICE OFFICE, TO LIE TO THE COURT TO LIE TO CONGRESS, TO LIE TO THE AMERICAN PEOPLE, TO LIE TO THE HOUSE.

Josh Hawley, U.S. Senator243:29THE WORST ABUSE OF PROCESS TUTORIAL POWER IN THE HISTORY OF THE UNITED STATES. ALL I HAVE TO SAY IS I'M GLAD YOU FAILED. I DON'T KNOW WHAT OUR DEMOCRACY WOULD HAVE BEEN LEARNING TO BE SUCCEEDED IN THE A PRESIDENTIAL ELECTION.

Josh Hawley, U.S. Senator243:29IF IT WERE UP TO ME, I WOULD CHARGE HUMAN PERJURY. YOU SHOULD CERTAINLY BE DISBARRED. I CAN ONLY PRAY THAT WHAT THEY'RE LIKE THIS WILL EVER HAPPEN AGAIN IN THE UNITED STATES. SEN.

Dick Durbin, U.S. Senator244:24I WOULD LIKE MR. SMITH TO HAVE AN OPPORTUNITY TO RESPOND TO ANY AREAS OF QUESTIONING THAT HE DIDN'T GET THE OPPORTUNITY TO RESPOND TO MR. SMITH: THERE WILL SEVERAL

Jack Smith, Former Special Counsel244:34THINGS ARE SENATOR HAWLEY SOME WHICH WERE NOT ACCURATE, INCLUDING, AMONG OTHER THINGS, THE PROCESS WE WENT ABOUT TO GET THESE RECORDS RECORDS. THAT WAS A REQUEST FROM THE WHITE HOUSE. IT WAS ALSO INACCURATE TO STATE THAT OUR INDICTMENT HAPPENED ON OCTOBER 2.

Jack Smith, Former Special Counsel244:35WE INDICTED THAT CASE IN AUGUST. WE CONSULTED WITH THE PUBLIC INTEGRITY SECTION DURING THAT PROCESS. THE PUBLIC INTEGRITY SECTION ULTIMATELY CONCURRED WE HAD FOLLOWED THE ELECTION YEAR SENSITIVITIES POLICY. I JUST WANT THAT TO BE CLEAR.

Jack Smith, Former Special Counsel244:35CHAIR GRASSLEY: IN CLOSING, MR.

Chuck Grassley, Chair, Senate Judiciary Committee245:14SMITH HAS SAID HE HAD AN ALL-STAR TEAM, AND HIS INVESTIGATORS WERE SUPERSTARS. MR. SMITH SAID HE DID THE RIGHT THING AND HE FOLLOWED THE RULES, BUT IN MY OPENING STATEMENT, MADE CLEAR, THE RECORD STILL A VERY DIFFERENT STORY.

Chuck Grassley, Chair, Senate Judiciary Committee245:15TODAY, THIS COMMITTEE HAS GIVEN EXAMPLES AFTER EXAMPLE PROVING HIS OPERATION WASN'T A NORMAL PROSECUTION. WE HAD MADE PUBLIC EMAILS, TEXTS, AND OTHER DOCUMENTS PROVING DEFECTS, FAILURES, AND POLITICAL MOTIVES. HIS OWN WORDS, AND THAT OF HIS STAFF, HAVE TOLD THE TALE OF RAMPANT WRONGDOING AND POLITICAL CONDUCT.

Chuck Grassley, Chair, Senate Judiciary Committee246:00MR. SMITH AND HIS STAFF USED THUGGI CONDUCT. MR. SMITH AND HIS STAFF USED THUGGISH TACTICS TO TARGET THE ENTIRE REPUBLICAN POLITICAL APPARATUS INCLUDING THEIR CONSTITUENTS FOR EXERCISING THEIR FIRST AMENDMENT RIGHTS. HE EFFECTIVELY PRAISED HIS TEAM FOR INFRINGING ON THE CONSTITUTION, RATHER THAN CALLING THEM OUT FOR THEIR OBVIOUS HISTORIC MISCONDUCT.

Chuck Grassley, Chair, Senate Judiciary Committee246:00IT IS SHAMEFUL, AND THE AMERICAN PUBLIC DESERVES BETTER THAN TO HAVE FUNDED THAT WORK. THE HEARING RECORD WILL REMAIN OPEN FOR ONE WEEK FOR QUESTIONS TO BE SUBMITTED IN WRITING. WE EXPECT RESPONSES WITHIN TWO WEEKS.

Chuck Grassley, Chair, Senate Judiciary Committee246:45THIS HEALING IS PART OF MY IS TO, NOT THE END OF IT. MY AUNT SENATOR JOHNSON'S INVESTIGATION WILL CONTINUE. TODAY'S HEARING IS ADJOURNED.